/ 






J-f/^ 



■a m> 



DEBATE 



in th: 






House of Representatives 



OF THE 






Territory of Orleans, 



ON A 






■mi. : 



MEMORIAL TO CONGRESS 

RESPECTING THE ILLEGAL CONDUCT OF 



General Wilkinson 



NEW-ORLEANS ; 

t 

PRINTED BY BRADFORD ^ ANDERSON, CORNER OF CHARTRES AND TOULOUSB 

STREETS— 1807. 



: ' i 



DEBATE, 



c. 



ORLEANS LEGISLATURE. 



HOUSE OF REPRESENTATIVES. 



Monday, March 16, 1807. 

House in committee of the whole, 
on a memorial to congress, relative to 
the conduct of Gen. Wilkinson — Dr. 
Cooley in the chair. 

Col. Fulton moved that the me- 
morial be rejected. 

Mr. Parrot faid that he could not 
conceive upon what grounds the 
gentleman made fuch a motion. The 

emorial contained folid facts, grie- 

' ces of which we complain ; and 

?y ought to be forwarded to go- 
pnmcnt. 

Col Fulton replied that his mo- 
tive for wifhing to fupprefs it, was, 
becaufc he thought it difgraceful to 
the houfe to read it. 

Mr, ParTot thought the fubjecl: be- 
fore the houfe one of the mod im- 
portant that ever came before it ; 
and hoped, for the fake of his coun- 
try, that fuch a one would never 
again come before it. He obferved, 
there are members of this houfe, de 
termined to go through thick and 
thin, to juftify the meafures we fo 
much complain of; men who (land 
in awe of a Punic Tyrant, " drefs'd 
in a little brief authority," who has 
been preying upon the very vitals of 
our country. 

Col. Fulton begged leave to reply 
to the gentleman— when he fpoke uf 
puny or petty tyrants, he fuppofed he 
alluded to him — he was under no 
awe of any one ; he faid every one 
who knew him, knew he was inde- 



pendent. If gentlemen wifh to ar- 
gue the point fairly, let them with- 
out intimidating. 

Mr. Donaldfon obferved that the 
memorial was fo fulfome to the ears 
of many in the houfe, that he wi(hed 
to difpenfe with the reading of it. 

Mr. Hughes hoped the gentleman 
from Acadia did not wifh to have this 
memorial difmiffed without being 
read ; he could not give his confent 
to it ; he did not wifh to have a thing 
thrown away without knowing what 
it contained. If it contained truth, 
which he believed was the fact, it 
merited a better fate than the gentle ■ 
man feemed willing to aflign it — if 9 
on the contrary, it contained falfe- 
hoods, it would meet the indignation 
©f the houfe. He claimed as a right, 
the privilege of exprefling his opini- 
on on the memorial, let its fate bo 
what it would. 

The queftion was taken on the 
reading of the memorial, and refolved 
in the affirmative. The clerk then 
proceeded to read the following 

MEMORIAL; 

To the Honorable the Senate and House 
of Representatives: of the United 
States, in Congress assembled, 
EXTRAORDINARY and alarm- 
ing events, oblige the legislative coun- 
cil and hou.se of representatives of the 
territory of Orleans, to appear in the? 
character of complainants, at the bar 
of your honorable body. 

Among the privileges secured to 
us by the treaty of cession, were some 
which congress thought of so much, 
importance, that they hastened to be-. 
stow them as an earnest of the further 



• benefits we were taught to expect.-— 
We knew how-to appreciate them ; 
and read with satisfaction in the first 
law passed for our government, the 
provision, that " The inhabitants of 
" the said, territory., shall be entitled 
" to the benefits of the writ of habeas 
c * corpus. They shall be bailable, un- 
" less for capital offences, where the 
" proof is evident or the presumption 
" great, and no cruel or unusual pun- 
" ishment shall be inflicted. ' 

Whenever we have been tempted to 
•omplain that other privileges, deem- 
ed by us essential were withheld, we 
have been reminded of former periods 
in our history, when Liberty was only 
a tenancy at the will of our superiors, 
and told to be grateful for the exten- 
sion ©f a remedy against every species 
of illegal, personal violence ; we exa- 
mined the nature of this provision, and 
saw in its theory an admirable contri- 
vance to secure the liberty of the citi- 
zen ; we enquired into its operation, 
and found that its practice had pro- 
duced the correspondent effect ; and 
we considered this assurance of per- 
sonal, as the first step to political inde- 
pendence. 

Secured from the dread of le?al 
punishment by a determination not to 
merit it, and safe in the protecting 
power of the law against all attacks on 
our reputation or property, we assum- 
ed the plain but lofty port of Freedom , 
and looked forward to the period when 
60,000 citizens, who had by enjoying, 
learned to appreciate their rights, 
should unite in assuming an equal 
rank in the great Federal Family— & 
station to which " nature and nature's 
God," has destined them. Under 
these anticipations*, our government 
experienced another change. And 
here again we rejoiced to find the in- 
valuable privileges of personal securi^ 
ty, re-assured with other provisions 
equally important. In the second ar- 
ticle of the ordinance, it is declare a 
that " the inhabitants of said territory 



" shall always be entitled to the bene- 
" fits of the writ of habeas corpus and 
" of a trial by jury — that all persons 
"shall be bailable, unless for capital 
" offences, when the proof is evident 
" or the presumption great, and that 
" no man shall be deprived of his li- 
" berty or property, but by the judg- 
" ment of his peers, or the lav/ of the 
" land." We view with admiration, 
and as children of the great American 
Family, claim a participation in the 
benefits of the constitutional provisions 
contained in the 7th and 8th articles 
of the amendments to the Constitu- 
tion, and fear not the disspprobation of 
congress, when we contend that within 
this territory " no person shall be 
" held to answer for a capital or other- 
" wise infamous crime, unless on a 
" presentment or indictment of a 
" grand jury, except in cases arising 
" in the land or naval forces, or in the 
" militia, when in actual service in 
" time of war, or public danger." And 
that in all criminal prosecutions the 
accused " shall enjoy the right to a 
" speedy and publie trial by an impar- 
" tial jury of the state and district 
'* wherein the crime shall have been 
" committed, which district shall have 
"been previously ascertained by law, 
" and to be informed of the nature & 
" cause of the accusation — to be con- 
" fronted with the witnesses against 
" him— -to have compulsory process 
" for obtaining witnesses in his favor, 
" and to have the assistance of counsel 
" for his defence." 

W T e feel a grateful pleasure in re- 
ferring to these constitutional bulwarks 
erected for our protection— an honest 
pride in the consciousness that we 
have not rendered ourselves unworthy 
of the blessing — and an indignant grief 
which we are sure your honorable bo- 
dy will participate, in the reflection 
that the noblest plan ever devised for 
the protection of personal liberty— 
the finest theory ever imagined for the 
restraint cf arbitrary power, should, 



_ 



L 



before we had well seen its operation 
be rendered abortive — that the best 
gift offered by the United States 
should be violently torn from our 
grasp, and that, while its constitutional 
guardians looked tamely on, the holy 
templeof justice should be sacrilegious- 
ly rifled of this revered palladium of our 
rights. 

The annexed documents support 
the following statement of facts, to 
which we entreat the immediate and 
efficient attention of the proper bran- 
ches of government. 

The return of the regular forces to 
this city in last, announ- 

ced to us. the settlement of our diffe- 
rences with Spain upon our frontiers, 
and we felt grateful to those who had 
been instrumental in tranquilizing 
the country. But our tranquility was 
of short duration. Measures were 
soon put into operation which filled 
the city with alarm, and every thinking 
mind with the apprehension of the 
most sinister events. Very active pre- 
parations were made for defence, but 
the utmost mystery observed as to the 
cause— rumors were put into circula- 
tion of an intent to proclaim martial 
law — and the old forts which command 
the city were repaired. At lenghth, 
when a sufficient degree of alarm had 
been created, the merchants of the 
city were invited to convene at the go- 
vernment house on the day 
of December last, and many of them 
attended. They were met by the Go- 
vernor of this Territory, and Brigadier 
General Wilkinson. The latter com- 
municated to them that the prepara- 
tions then making wei*e to oppose col. 
Burr? who had formed a plan to sever 
western from the Atlantic states, and 
to invade the province of Mexico, 
That in the prosecution of these ob- 
jects, he would himself be at Natchez, 
with two thousand men, by the 20th of 
December, and would soon after be 
joined by a body of six thousand men. 
That with this force he would march 



down to this city, take possession, of 
it, plunder the banks, and Lckic the 
shipping to transport hi* army, under. 
convoy of a British fleet, to La '■ ?. 
Cruz. 

This information, be said, he lk.*<3 
received, partly by a letter ir&m Mr. 
Burr addressed to him, (the Genera; ) 
written in cypher, and dated the 

last, and received by him, at 
Natchitoches, on the 16th of October 
last — which letter, or a decyjyhered 
copy, he produced ; and -which, amovg 
other things, acknowledged the recetf::: of 
one from the General of the ( 6th of the 
preceding month, tasked his advice as to 
the propriety of taking Baton iRozige on 
his way down. Other parts of the plan, 
not contained in the letter, he stated 
had been communicated by a messen- 
ger from Mr. Burr, who had been sent 
to him at Natchitoches. 

The Governor supported the Gene 
ral in a speech, in which he stated his 
belief in the existence of the danger, 
and read a letter, which he said was 
anonymous, but the hand writing <o£ 
which he knew to be that of a re spec* 
table gentleman in Tennessee. The 
parts of this letter which were read, 
advised him to beware of traitors, to 
beware of the month of December-— 
to beware of the Ides of March — to he- 
ware of the General — and gave hints of 
some design against the city ; it has 
since been discovered that this letter 
was actually signed A, Jackson, and ad- 
vised the Governor to beware of the 
General. Both the General and the Go- 
vernor united in recommending an em- 
bargo on the shipping, as a measure 
essential to the general safety — -the 
merchants who were present acquies- 
ced in the necessity, and the embargo 
was laid. A ship of war was immediate- 
ly stationed below the city to prevent 
the departure of any vessel -without the 
General's passport, and some wnich 
had sailed without this document, were 
brought back and detained until it was 
procured, although the necessary 



clearances from the custom house had 
been given •> and we believe thataltho* 
the collector has not since the 

refused the papers requi- 
red, by law, no vessel is suffered to pass 
the Fort at Piaquemine, without the 
General's permission. 

Upon the illegality of this embargo, 
we need not offer a single argument. 
The legislative power of congres alone 
could legally enforce a measure of this 
nature. Upon its expediency, many 
considerations occur. Gen Wilkinson 
was the only witness of mr. Burr's 
treasonable designs ; he stated his 
plan to embrace the attack of this 
place, the plunder of its wealth and 
seizure of its shipping ; and in order 
to counteract these projects, it was 
determined to keep all the shipping in 
the harbor, to deprive them, by enlist- 
ing their seamen, of all hopes of es- 
cape, to detain the treasures of the 
banks, and by withdrawing all the out- 
pests, and collecting the military 
force at New-Orleans, to leave all the 
territory open to the invasion of the 
enemy. 

We do not pretend to be judges of 
military operations, but on a point so 
essential to our safety as the defence 
of our territory, and so important to 
the union as the maintenance of its 
tranquility, we can but advert to the 
impropriety of keeping the regular 
forces isulated in this city, and with- 
drawing the garrisons from Fort A- 
ckims and Natchitoches, when the ob- 
vious policy, if invasion were appre- 
hended, would have been to have met 
it in the denies of the upper country, 
aided by a numerous militia, instead 
of waiting an attack in a town incapa- 
ble of defence — or if the attack of the 
Spanish dominions were meditated, 
to* have occupied the garrisons situa- 
ted on their frontier. 

The embargo was a serious evil to 
our country— its immediate operation 
is already severely felt in the injury of 
private credit. The extent of its con- 



sequences cannot be easily calculated. 
In a government subject to events like 
this, commercial operations must be 
always uncertain, confidence must be 
destroyed, and the price of insurance, 
and uncertainty of returns, will always 
damp the spirit of enterprize, enhance 
the price of imports, and lessen that of 
staple commodities. These evils are 
already felt. The capitals about to be 
invested in our lands, in our public in- 
stitutions, and in loans to our inhabit- 
ants, are suddenly withdrawn, and the 
spirit of emigration to our territory is 
destroyed; and a fall of at least twen- 
ty-five per cent, in ike firice of real es- 
tates, attests the misfortune of our 
country. Measures more deeply to be 
deprecated, because they struck at the 
root of all a freeman ought to value in 
life — Measures fortunately unknown 
in the history of the American people, 
and which, we devoutly pray, may be 
only cited hereafter to shew the exem- 
plary punishment that followed their 
adoption. 

On Sunday the 1 3th of December, 
Doctor Erick Bollman, a resident and 
house-holder of this city, was arrested 
by two military officers, under the com- 
mand of Brigadier General Wilkinson 
— his papers were seized— he was de- 
nied the privilege of consulting coun- 
sel — and was immediately hurried out 
of the territory. Two other persons, 
(citizens of the United States,) were 
arrested by a similar order and confi- 
ned on board a Bomb-Ketch, opposite 
the city. For some days neither the 
arrest of these last persons, nor the 
place of their imprisonment, were 
sufficiently known to justify any judi- 
cial steps for their release. At length 
one of them, (Mr. Ogden) remarka 
bie for his height, was discovered 
from the shore — a proper affidavit was 
made, and a habeas corpus obtained, in 
obedience to which, and contrary to 
the express order of General Wilkin- 
son, the officer of the Navy in whose 
custody he was, brought him before 



t 7 3 



the judge, and he was released. The 
other, Mr. Swartwout, was immediate- 
ly removed to more close confinement, 
and measures were taken, by frequent- 
ly changing the officer of his guard, to 
avoid any proper return to the writ is* 
sued for his release. 

An affidavit of the arrest of Boll- 
man was presented to one of the judges 
of the superior court, on the afternoon 
of the 14th of December, together 
with the writ of habeas corpus, for his 
allowance ; and it was urged by the 
gentleman who presented it, that the 
case was an urgent one — that the pri- 
soner would probably be removed out 
of the reach of process by the next 
day. The allowance of the writ was 
at that time refused by the honorable 
Wm. Sprigg, senior judge of the 
superior court, in order, as he alled- 
ged, that he might consult his col- 
league, and he not being at home, the 
motion for the habeas corpus was di- 
rected to be made in open court. On 
following day, this motion appears to 
have be«n made by Mr. Alexander, 
supported by Mr. Livingston, both 
counsellors of the superior court — the 
writ was allowed. On Thursday the 
18th of December, Gen. Wilkinson, to 
whom the writ was directed, made his 
return, in which he set forth : — 

[Here follows the return in the case 
ofJBollman.~\ 

After thus avowing his breach of the 
constitution and laws of his country, 
and declaring to the judges, sitting in 
their official capacity, that he would 
persevere in the same lawless course, 
he proceeded to denounce the two 
counsellors who had dared to question 
his proceedings — He demanded their 
immediate arrest — but though repeat- 
edly urged, by the one who was pre^ 
sent, to substantiate his charge, and 
though every effort since that period 
has been made by the gentleman accu- 
sed to provoke enquiry into his con- 
duct, we do not find that any proof 
whatever has been produced to crimi- 



nate him — and we are therefore con- 
strained to believe that this denuncia- 
tion was intended to overawe those 
who might be inclined to extend their 
professional aid to the Geneal's vic- 
tims. 

This deduction derives additional 
force from the proceedings after- 
wards purfued with reipect to Mr, 
Alexander. On the following day 
he was, by virtue of a military order 
fignedby general Wilkinfon, arret- 
ed in his houfe, and conveyed thro* 
the ftreets at noon-day under a ftrong 
efcort of Dragoons — he was paraded 
through the principal ftreets in the 
city, expofed to the pitying gaze of 
hundreds of the aftonifhed inhabi- 
tants, and committed to clofe con- 
finement at head- quarters. From 
thence, with Mr. Ogden, who was a 
fecond time arretted, he was convey- 
ed to fome place then unknown. 
There is however, unqueftionable 
proof that on the 22d of January they 
were in confinement at Plaquemine. 
The Habeas Corpus in the cafe of 
Bollman is the only one which was 
iffued from the fuperior court in tbefe 
cafes of military arreft— the effect of 
that was rendered abortive by the al- 
ledged removal of the prifoner. 

The other cafes were profecuted 
in the county court, where James 
Workman efquire prefided-— The 
hiftory of thofe cafes and the reafcns 
why they were rendered ineffectual 
are contained in a report made by 
that ©fficerto this houfe — That docu- 
ment demands the ferious attention 
of the national legiflature ; and the 
tacit refufal of the governor of this 
territory, to give effective energy to 
the civil authority, will no doubt fee 
examined by the executive of the U- 
nion 

The picture however of our fuf- 
ferifigs, degradations and injuries, Is 



f 8 1 



»e* yets complete. We have feen the 
citizen Lmprifoned, and his advocates 
dragged from the bar, denounced, im- 
^riK5jie,d aEcf. banifhed — the violation 
m thfe ("acred: jjeatof juftice itfelf was 
Hit! wantuu-gto- give a finilh and co- 
loring, a glow of intenfe guilt 
to, the gFoui^ This it received, for 
Mr. Workman a few days after his 
communication was made to this 
Houfej was himfelf arretted, dragged 
to she g^ard houfe and imprifoned 
- with Mr. Kerr (another gentleman 
cf the bar, who had taken out the ha- 
beas corpos for Ogden,) until they 
were seleaJeclby the prompt interpo- 
Gttoa ofthcrfiftricl: judge of the Uni- 
ted States. We do not mean to be 
nacteF&oefl as vouching for the inno- 
ceoceor guilt of the feveral perfons 
wkHa&thecmnmander in chief of the 
AcaerieasR army has arjcefted. It is 
however feme what unfortunate that 
<he guilt rf none of the victims he 
Las chnfen from the bar or the bench 
Was ever' difcovered until they had 
dtfringniilhcd" themfelves by doing 
their dtaty mnppofttion to his tyrani- 
cal! deigns. 

In ©refer to prevent all efcape from 
Ifeefne*: faintl of horror,, fo degrading 
to an American, fo ruinous in their 
car.£ecpenees, and fo difgraceful to 
thole w feofe duty it was to protect us 
agatn& them, guards were placed a- 
!fcw?e» aistd foits and garrifbns below 
the town— all travellers were (topped, 
fearched!,, imprifoned unlefs provided 
-with paflports, and the citizens of this 
territory in paffing- quietly through 
their neighborhood were not only 
ftopped, hot fired upon, by order of 
General Wiikinfbn. Innocent tra- 
vellers from a remote part of the 
country hare been forced to retyrn 
one hundred miles to procure this li- 
cence to travel in their own country. 

This order has been enforced even 



again ft a member of this houfe , 
whofe perfon was imprifoned until 
he had fuffered an illegal examination 
of his private papers. 

Though nothing can juftify, yet 
circumftances of extreme danger in 
the moment of invafion during the 
-fufpenfion of the civil authority, 
might excufe fome of thefe violent 
meafures — But here no foreign ene- 
my or opendomeftic foe was then, or 
has yet been proved to have been with* 
in any perilous distance of this city, 
or that treafon lurked within our 
walls — Nay, there yet exifts, within 
our knowledge, no proofs of any 
treasonable defigns fufficiently organ- 
ized and matured to give us any rea» 
fbnable caufe t fear for our fafety. 
The courts were open to punifh, ju- 
ries to try, and officers ready to en- 
force the civil authority in all cafes 
of convicttion. If reafonable doubts 
could be entertained of any want of 
energy in the civil authority, the mi- 
litary was at hand to aid its operations 
— but this ancilliary procefs did not 
fuit the views of the commander-^ 
his ardent zeal could not brook " the 
laws.delay," his promptitude to fup« 
port " the holy attributes of the con- 
ftitution" would admit of no flay to 
his uplifted arm ; and though by an 
union of mockery with violence, in 
many of the cafes he began by an ap- 
plication to the courts and to juries, 
yet his impatience always fnatched 
his victims before they had time to 
deliberte on the accufations he pre* 
tended to make. 

Again we repeat to your honorable 
body, that we do not forget our de* 
partment fo far as to pronounce on 
the alledged guilt or presumable inno* 
cence of the victims of his viloence. 
But we muff be permitted to remark 
that in either cafe the proceedings are 
illegal, oppreflive, and inhuman. 






L » ] 



Thus we "have briefly ftated, with 
as few refh ctions as the nature of the 
cafe would admit, the acts of high 
handed military power to which we 
have been and are yet expofed— a£ts 
too notorious to be denied, too illegal 
to bejultified, too wanton tc be ex- 
cufed— We have alluded to, but can- 
not fully defcribe the humiliating fit- 
nation to which they have reduced us. 
Never would we have fubmitted to 
it, if the aid had been afforded by 
thofe branches of government whofe 
duty it was to have protected our 
rights, to have refilled oppj effion, and 
to have rallied us around them on the 
firft aflumption of illegal power — at 
the head of thefe brat ches are men 
not appointed by us — over whom we 
have no controul, and who are ame- 
nable only to congrefs fur their con- 
duct. We pray that that condudt may 
be ftri&ly examined into, and that 
nothing connected with this extraor- 
dinary ftateof thing- may be conceal- 
ed — We annex to this memorial a 
meffage from our governor, by which 
we are invited to a temporary fufpen- 
fion of the writ of Habeas Corpus—- 
a compliance wivh which we con- 
cieve would involve the violation of 
of our oaths, the ordinance and eon- 
flitution of our country, and w : thout 
the femblance of necelTity lend our 
authority to cover the unconfdtution- 
al proceedings of which we com- 
plain. 
Our great diftance from the feat of 



all thefe confiderations will, we are 
convinced, have the em 6k of render- 
ing the proper branches of cur gov- 
ernment more watchful over the con- 
dudt <of their officers, and we rely 
wi h confidence on the energy of the 
Executive to remove, on the vigiknee 
of the Rtprefentativcs to accufe, and 
the juft ice of the Senate to puniih the 
officers who (hall be found to have 
difiegarded their duty. 

The memorial being read, 
Mr. Donaldson moved that the me- 
morial be recommitted to a commit- 
tee : he said that the memorial before 
the house, fron) the language and stile 
of it, went to defeat itself : It was not 
confined to facts, and was vindictive. 

Mr. Parrot \ sincerely hoped the 
gentleman's motion would not prevail 
— he observed that the gentleman him- 
self had been ojie appointed on a com- 
mittee to draw! up a memorial — that 
after dilly dallying* forty days, and ma- 
king a number of apologies to the 
house, Sec. the chairman expressed hir, 
opinion that they never would agree, 
and another committee was nominat- 



ed, who have 
memorial ; anc 



man says he i 
that this mem 



renders oppreffion more f d t0 government ; but I cannot think 
r J :_.. him serious, o.' why move for its re- 
commitment ? Can it not as well un- 
dergo any amendments before the 



government, 

bold by the. hope of impunity — our 
fcattered population takes away all 
fear of refiitence — the eafe with 
which men in office can procure t< fti- 
mony, or influence opinion in their 
favor, makes conviction more difficult 
~-and the necelTity of keeping up a 
large military force, will long exp^fe 
us to a repetition of the evil — But 



brought forward this 
the gentleman has the 



good conscience to rise and move that 
it be recommi ted, for what purpose 
he best knows— But I fear, should it 
be, we shall nerer have it again before 
us, by which -we might be enable:! to 
discharge that duty we owe our con- 
stituents and country. The gentle- 
one of those who wish 
>i i>ii should be forward- 



house ? It wak the unanimous voic 
of this house about ten weeks ago, 
that a memori I should be forwarded 
to governmert, containing facts, of 
which we complained. Any member 
at that time yho would have come 
forward to oppbse it, would have met 



I 10 J 



the honest indignation r cf the house — 
but time has elapsed, and some of the 
members have had an opportunity to 
cool, and the cause of their grievances 
■with them. It has been asserted that 
the measures adopted have been for 
our good — but I never can believe that 
means so arbitrary and illegal — of so 
prominent and commanding a nature, 
could have been for our good ; and I 
will go further, and say I do not be- 
lieve they proceed from upright mo- 
tives. 

Mr. Gurlcy observed that he would 
support the motion of mr. Donaldson 
for a recommitment of the memorial, 
upon the ground of having the unani- 
mous consent of the committee- — that 
things were inserted as facts, upon 
which the house were to act, that con- 
tained no truth — that in the present 
state of the memorial, it was not pos- 
sible to act upon it. It would require 
to be so altered, amended and new- 
moddled, in order to make it meet the 
ideas of the house, thatit could not now 
be done— that it had been suggested 
that a committee of the whole should 
make such amendments as were tho't 
proper. He observed that there was 
such a connection of sentences, and the 
thing so blended and interwoven, that 
it would be an endless task, and would 
waste time without effect. He did not 
wish it to be thought that he was ini- 
mical to the measure offorwarding a 
memorial to government ; but he 
wished the propriety to be fairly ar- 
gued first, as it was of serious conse- 
quence, particularly as it would reflect 
on the dignity of the legislature. 

Dr. Watkins rose in order to ex- 
press his astonishment at the extraor- 
dinary manner in which the house had 
been treated on this subject. He ob- 
served that it had been unanimously 
voted that a memorial should be for- 
warded to government. He wished 
to know whether that vote should be 
complied with ? He would oppose 
the mcticn for a re-commitment, upon 



two or three grounds — the necessity 
there was for communicating with the 
Executive on this occasion ; that from 
the conduct of one of the committees 
which had been first appointed to draw 
up this memorial, (which he could not 
refrain from saying did not act the 
part due to its country,) he should 
never consent to the re-commitment. 
Were gentlemen afraid of the memo- 
rial ? Should it be infamous, where 
will it lodge ? He observed that the 
memorial was of more consequence, 
than all the laws which have occupied 
the attention of the house the whole 
session — it contained matter of more 
connection with our fundamental laws, 
and more consonent to our doctrines 
of government, than any or all the 
laws passed in this house. 

Mr. Hughes. — The motion propos- 
ed by the gentleman from Acadia, 
is certainly one that shall have my 
most hearty disapprobation. I am as- 
tonished sir, that the gentleman from 
Acadia, or indeed any other in this 
house, could have the boldness to rise 
and support a motion for the recom- 
mitment of the memorial now under 
the consideration of this house ; when 
I reflect sir, that the same memorial 
has been handed about from one 
committee to another, one of which 
committees the gentleman himself 
was a member for at least forty days ; 
that committee was discharged, and 
another appointed in its stead, and now 
upwards of twenty days have elapsed, 
the memorial is brought forward for 
consideration, and the gentleman has 
the good conscience to propose the 
postponement of its consideration. I 
am in hopes the proposition will have 
no effect, and meet the opposition it 
justly merits. And now I am up, if I 
am in order, I will make some general 
remarks on the extraordinary occur- 
VQvr< ' v Men produced the memorial. 
They will be such I believe as no per* 
son in uns house will find easy to re- 
fute. 



_ 



11 



Instead of hearing the memorial 
submitted by your committee, termed 
a libel, I expected to have heard it ap- 
plauded for the temperance and mild- 
ness of its language ; instead of hear- 
ing it asserted that it contained char- 
ges unfounded and malicious, I was 
myself prepared to accuse the com- 
mittee of having overlooked many im- 
portant causes of complaint, and I was 
even tempted to offer proofs of some, 
to be added by way of amendment to 
the report. I confess} mr. Chairman, 
that I look around me with astonish- 
ment — that I doubt the evidence of my 
senses, when I hear conduct, such as 
that of which we complain, palliated 
or excused ; and I would rather bear 
the idea that a temporary insanity had 
assailed me, than be forced to the mor- 
tifying certainty, that these palliations, 
these excuses, the mean, humbling, 
half justifications, of arbitrary power, 
have been asserted by Americans, in a 
free deliberative assembly ; — Free As- 
sembly t pardon me, mr. Chairman, 
the unguarded expression ; it is the 
bitterest irony in our situation. Are 
you safe, sir, in your chair ? Are ei- 
ther of us in our seats free from the 
fear of actual violence ? The sword 
of power is waved over our heads— 
the bayonets of rr ilitary despotism are 
at your door, and the adoption of that 
memorial may be the signal for your 
immediate seizure, banishment or 
death ? And pray sir, to what quar- 
ter will you look for protection ? To 
the executive of the territory ? It is 
worse than palsied — it is acutually en- 
listed in the service of your oppressor ! 
To your constituents ? Your tame 
submission to these outrages- — your 
wretched time-serving delays — the 
want of character and energy we have 
for two long months displayed >■— -has 
destroyed all confidence in us, or sym- 
pathy for our sufferings. But there is 
no danger ; the storm has blown over ; 
the clouds are dispersed, and we are 



now to enjoy the full sunshine of 111 
berty and peace. 

But what security have we that the 
momentary calm will last ? It is true 
that for two or three weeks past, we 
have not seen any of our constituents 
dragged from their families or friends ; 
that the guard which insulted even 
members of this house, and violated 
its privileges, is withdrawn ; that a 
citizen may now ride a few miles out 
oi the city without having his pockets 
searched, and the secrets of his friends 
and family exposed to the insulting 
scrutiny of a subaltern ; that defence- 
less women and children are no longer 
made prisoners of state ; and that the 
business of the court is no longer con- 
fined to the nugatory writs oi habeas 
corpus, or the reception of insulting 
returns. 

But sir, these scenes attended with a 
thousand aggravating circumstances, 
which have but just passed before our 
eyes ; — and what security have you, 
I repeat, that tlkey will not be renew- 
ed ? The same force that was em- 
ployed ; the salne tyranny that direct- 
ed it, are yet in ^our city. An eye is 
kept over all yoiir proceedings : every 
word uttered h^re is, I most religious- 
ly believe, carried to your oppressor ; 
and upon his will alone depends our 



future fate, 



Ve know this ; we feel 



it, and yet we do not blush to say we 
are Free ! N> sir, we are not free ; 
and our constituents will, I hope, as- 
cribe to fear, aid nothing but fear, the 
event which I anticipate with mortifi- 
cation and hor: or, when a majority of 
the members ( f this house shall reject 
that memorial ; and when that same 
majority shall adopt in its stead, an 
address, excus ng, palliating or even 
•justifying the conduct that has wan- 
tonly destroyer! your constitution, and 
impudently violated your laws ; when 
we shall crawl n the dust beneath the 
feet of our oppressor, and shew the 
weakness, but urpass the forbearance 



12 



of the poor reptile that turns when 
trodden on. 

Sir, will it, can it tie said, that real or 
apparent danger rendered this conduct 
necessary ? If I am answered in the 
affirmative, I say the assertion is a 
li bel on our constituents ; I will ne- 
ver sanction it by my voice. What 
sir ! was the political body so contam- 
inated here, that justice could not be 
administered ? Where were the trai- 
tors ? Have they fled from justice ? 
Have they made their escape from 
this city ? Why are they not now 
dragged to justice ? Why are their 
names concealed from an in lignant 
public ? Because neither treason nor 
traitors existed in the country thus ca- 
lumniated 1 because the idea origina- 
ted only in the mind of a man, who 
wanted by the excess of a new born 
zeal, to cover the suspicions of guilt, 
and who hoped to stop the investiga- 
tion of his own conduct, by magnify- 
ing the danger from which he wished 
to have us believe his services had de- 
livered us i! 

The letters, the papers, and the 
persons, nay even the private conver- 
sations of the inhabitants of this terri- 
tory, have for three months been un- 
der the absolute controul of the public 
officers. If treason had existed in this 
territory, it would in vain have endea- 
vored to escape detection — If the peo- 
ple were so disaffectec, that they were 
ready to snatch the culprit from the 
hands of justice— -if the judges could 
not be trusted to commit, nor juries to 
pronounce on the guilt of the delin- 
quents, surely with such means, and 
so inquisitorially exer:ised, some evi- 
dence of the fact would have been pro- 
duced ; some document, some decla- 
ration ; some bottle conversation ; 
—some confidential communication 
would have been drawn forth from 
the secrecy in which friendship and 
honor had buried them, to bear testi- 
mony of guilt, or et least to justify 
suspicion. 3 



I therefore repeat, and so long as 
my feeble voice can be heard, I will 
continue to proclaim, that our consti- 
tuents have been vilely calumniated, 
as well as cruelly oppressed ; that in- 
sult has been added to injury ; and that 
their imaginary disaffection has been 
slanderously alledged as an excuse 
for their real oppression. Away hen 
sir, with the degrading excuse deriv- 
ed from domestic treason or disaffec- 
tion. It is one that will surely find no 
favor with the executive of the Uni- 
ted States, who has borne honorable 
testimony to the readiness with which 
the force of the territory was, in a mo- 
ment of danger, offered to support the 
Union ; nor will it be believed here, 
when we have seen our most respect- 
able citizens performing the drudge- 
ry of garrison duty, and condescend- 
ing, even on the mere allegation of the 
general, to undertake the task of exe- 
cuting orders odious in themselves, 
and which I am sure must have been 
doubly disagreeable to them, both asj 
free citizens, and men of respectability 
in society. 

If there was no danger from domes- 
tic insurrection, did any pressing pe- 
ril from without, threaten us with such 
immediate destruction, that no time 
was given to deliberate, or consult the 
constitutional organs of accusation ? 
From whence did it arise ? We have 
been told but of one quarter from 
whence any was expected ! yet it is 
extremely difficult to reconcile the ex- 
istence of any such danger, with the 
measures pursued to avoid it. If the 
commander in chief of the American 
forces was really in earnest, when he 
told us Burr was expected at Natchez 
on the 20th December, with 2000 
men, would he have dismantled Fort 
Adams ? would he have endeavored to 
weaken the Mississippi Territory, by 
demanding 500 men from thence, to 
be brought to this place ? would he 
have thrown his whole force into a de- 
fenceless town, and left the whole up- 



L u J 



per country open to invasion ? and 
would he, I ask it seriously, & pray his 
adccates in this house to give a satis- 
factory answer — would he have con- 
cealed his knowledge of the danger 
from the governor of the country 
which was to be the first invaded ? of 
th.it in which the force was to have 
been collected ? Would he not instant- 
ly have requested gov. Meade to put 
himself on his defence ? would he not 
instead of endeavoring to weaken that 
territory, by a requisition of militia 
have marched there with his regular 
force, and thus checked the first effort 
of rebellion ? or would he not have 
nipped it in its bud, by sending a copy 
of his cypher letter to the governor of 
Kentucky, before any force could pos- 
sibly have been embodied, or while the 
juries of the upper states and territo- 
ries were groping in the dark, and for 
want of proof pronouncing the migh- 
ty culprit innocent ? Would he not 
have furnished that evidence which he 
had in his possession, and which would 
have exposed the traitor & his schemes 
himself to detestation and ruin. 

If the object of Mr. Burr was to 
plunder this place of its wealth, and to 
seize on its shipping, would he, I ask 
have laid an embargo to keep both 
within his reach ? If he had not had 
some other scheme than mere defence 
against this northern rebellion, would 
he have expended the treasure of the 
public, in erecting fortifications in the 
centre of your city, useless against a 
foreign foe— efficient only to overawe 
your citizens, and to ruin their proper- 
ties in its suburbs ? Would, in fine, the 
naval force have been stationed along 
the river in small detachments ? or 
would they not have been collected so 
as to act with some advantage against 
the descending force ? — It is notorious 
that at the moment when he announ- 
ced the greatest danger, of the four 
gun boats in the river, only two were 
stationed as high up as Point Coupee, 
and the two others at long intervals on 



the river, so that they migc 

sively have been Uken 3 if bal 

posed force had descended 

hostile army ; and is it possib 

pose, that if the object had 

interrupt the invasion of Me 

no part of the naval force sh< 

been stationed above Red ri 

that Nachitoches would h^ve 

almost without a garrison ?< — i 

therefore, from these acts, fitv 

omissions, from these arran 

that no serious danger was ap 

ed — but that for purposes be 

to the General himself, and 

jutors, it was deemed nece 

keep up the alarm ; to di 1 

weaken the country ; to curb t 

to keep all its wealth in his pc 

scatter the naval, and render 1 

tary force useless ; to mag 

force of the enemy, and to te 

executive the legislature and 

ciary into a dereliction of thei 

With the first, unfortunate!; 

succeeded ; the last remaii 

their posts, and this day is t 

mine whether we are to par 

disgrace of the one, or shai 

credit due to the other! F 

not deceive ourselves as to V 

which our approbation of the 

sures, or even our silence, v 

duce. A sacred trust has be 

mitted to our keeping ; j ; 

honor, national dignity, and 

lemn sanction of an oath, c< . 

pointing out our duty. Shoulc 

tray this trust ; should we cli 

what we owe to ourselves, oil j 

try, and our God ; should we 

enough to bear the reproaches 

internal Monitor, which no so 

can refute, no pretended neces* 

lence, no power overawe ; shoti 

have the hardihood to do this, 

can the boldest of us meet his 

tuents with composure, befo 

appear at their tribunal ? The 

of this vain terror, if it ever pc 

their minds, will be dissipated. 






[ »• 



•ender an account of this winter's 
suctions, will they, I say, be satis- 
with our list of divorces ? with 
militia arrangements ? or even 
our grand reforms in the judicia- 
if they should be effected ? No 
they will enquire of us about 
its which more nearly concern 
1 ; they will enquire of their vio- 
l rights ; they will ask about their 
ititution, committed to our care ; 
in a stern accent, in which the 
bozce of the People must afifiear to 
V -voice of God, they will demand 
ther we did not, in his awful pre- 
e, swear that we would preserve 
constitution inviolable forever ? — 
f will then point to the open, a- 
-d, undisguised infractions it has 
ived in our presence ; before our 
• ; in our own persons ; in the ve- 
anctuary of our legislature ; and 
us what measure we took to pre- 
e the constitution ? what steps to 
ge the injuries it received ? — 
•t answers shall we, can we give 
hose enquiries ? shall we reply, 
is true we have sworn to preserve 
ar constitution and rights ; it is true 
e /have seen them openly violated and 
'espised ; we saw the commerce of 
oqaj* country endangered ; its citi- 
zen^ dragged disgracefully through 
the ■■streets, first to a military dun- 
geosli, then to banishment and ruin ; 
it isf equally true we saw the peaceful 
traveller stopped on the high way, 
seai died like a felon, and forced by 
viqlence to ask protection in passports, 
unknown and unauthorized by our 
law* ; that private papers have been 
seized, private letters examined ; that 
wotfien and children have suffered im- 
prisonment, exposed to cold and hun- 
ger J that our own privileges have 
been infringed ; that our own dignity 
has keen destroyed ; that our country 
lias.been slandered ; that your known 
loysilty has been questioned ; and that 
your representatives have been insult- 
ed ty a solemn proposition to violate 



their oaths, and join in the unholy 
work of destruction ! 1" All this we 
must proceed to say we beheld with 
tame submission, all this ; some of it 
countenanced and admitted ; and when 
solemnly called by the indignant voice 
of our country, to express in our legis- 
lative capacity, the feelings which 
ought to glow in the breasts of free- 
men, we excused these illegal acts ; 
we palliated these enormities ; we 
threw the mantle of legislation upon 
the nakedness, the folly, the vice of 
executive acts. Though we could not 
lessen the horror so considerably felt, 
we meanly undertook to divide the 
odium : — *we humbled ourselves in 
the presence of a petty officer, and 
terrified by the bayonets of a single 
regiment, we kissed the rod, and justi- 
fied the reproach of your enemies, by 
our mean submission and flattery, that 
" you arc not flit, to be free !** 

Shall we be obliged to make this 
humiliating confession ? No sir, it is 
yet in our power to retrieve the credit 
we have lost — -to assume the character 
that befits us — to address the legisla- 
ture of our country in the language of 
manly freedom — to shew to the execu 
tive how much he has been deceived 
and betrayed, by the civil and military 
chiefs ; and to give him an opportuni- 
ty of dismissing the weakness that de- 
grades, and the tyranny that ruins his 
service in this territory. And yet sir, 
it is principally for our own credit, 
that we ought to seize this occa- 
sion of shewing that we are not the 
unworthy representatives of a patri- 
otic people. For, whatever ideas we 
may have of our duty, the representa- 
tives of the United States will know 
theirs ; though we may be silent, they 
will speak ; they are fearless, though 
we may tremble ; and should we flat- 
ter, they will never cringe ;-— and next- 
to the consolation of having done my 
own duty, I find one in the certainty 
that there are at least one hundred and 
thirteen independent men in our couiv> 



[ 15 3 



cils, who have rernembered their oaths 
and will punish the betrayers of their 
country. 

Dr. W ATKINS.— Sir ; I oppose 
the gentleman's (mr. Donaldson) mo- 
tion. I consider it a subterfuge to 
get rid of the memorial altogether ; 
and I think I am warranted in saying, 
from the conduct of that gentleman, 8c 
j his friends, that if you consent to his 
I wish, the memorial will never more 
make its appearance in this house. — 
The gentleman says it contains errors. 
If so, and he or any other member 
will give himself the trouble to point 
them out, they can be corrected in a 
committee of the whole house, as well 
and at least as expeditiously as in any 
other way. I am disposed to believe 
that there may be some few errors, 
but they are of a trifling nature, and 
not calculated to effect the body of the 
memorial in any material or import- 
ant point. I have too great a respect 
for the constituted authorities of my 
country, too much regard for the char- 
acter of this, house, and too high a re- 
verence for the dignity of that tribu- 
nal to whose justice we are about to 
appeal, ever to consent that your me- 
morial shall be disgraced by one doubt- 
ful fact, or one disrespectful expres- 
sion ; and I have too much regard for 
my own reputation, to suffer myself 
to he guided by any other principle 
than that of truth ; by any other mo- 
tives than those whose object are the 
public welfare. If sir, the gentle- 
man's motion should fail, and I flatter 
myself it will, I shall propose such al- 
terations as in my opinion ought to be 
made in the memorial, when it comes 
to be discussed by paragraphs. But 
when I take a view of the conduct of 
this house ; when I advert to the ex- 
traordinary and unprecedented pro- 
ceedings which took place this morn- 
ing of attempting to thrust the memo- 
rial out of doors, without even suffer- 
ing it to be read, I am compelled to 
believe it is the object of that gentle- 



man and his friends, not only to reject 
it, but to avoid if possible, any discus- 
sion on the subject. Under these cir- 
cumstances I shall avail myself of the 
present opportunity to make some ob- 
servations on the memorial itself. 

It will be recollected sir, that I sug- 
gested the propriety of such a mea- 
sure at the beginning of your session. 
I thought it proper to transmit to the 
general government, a faithful narra- 
tive of the principal events in the po- 
litical history of our country a few 
weeks previous to that time. The 
same opinion seemed then unani- 
mously to prevail in this house ; and a 
committee was accordingly appointed 
to draw up a memorial to congress. 
I was solicitous for the memorial to go 
on at that time for several reasons. In 
the first place it would have found con- 
gress in session, and as all communi- 
cation between the individuals of this 
country and the Atlantic states, had 
been intercepted by your rulers, who 
seemed desirous of usurping the em- 
pire of thought as well as that of law, 
I deemed it expedient that the repre- 
sentatives of the people should endea- 
vor to defend the honor and interests 
of their country, by presenting to the 
general government, a faithful picture 
of their situation. It cannot be denied 
but at that time it was dangerous for a 
private citizen to express any senti- 
ment in opposition to the measures of 
the day. It will not be denied but that 
even upon this floor, (except when 
your doors were closed) no member 
had courage enough to condemn the 
conduct of General Wilkinson. How- 
ever conscious he might be of his own 
innocence ; however high his bosom 
might glow with patriotism, and how- 
ever great his indignation at the wan- 
ton violation of the laws and constitu- 
tion of his country,—- not one of you 
dared in those dangerous times, pub- 
licly to avow your real opinions. The 
bold and Independent conduct of the 
representatives of a free people, would 



16 ] 



probably have been rewarded by a mi- 
litary arrest — a violent separation from 
bis family and Mends, and an ignomi- 
nious transportation to — God knows 
where — to a Spanish dungeon, or at 
least to a distant part of the United 
States, to the utter ruin of his fortune, 
and the eternal injury of his honor and 
reputation. Again sir — if at that pe- 
riod of your session, I could have suc- 
ceeded in sending forward a proper 
memorial, 1 would after having- voted 
the necessary supplies for the support 
of the government, and providing by 
all the means in our power for the 
protection and safety of the country, 
have proposed to this house to adjourn, 
because it was insulting to exhibit to a 
people just admitted to the enjoyment 
of the boasted principles of Republi- 
canism, the deplorable spectacle of a 
military chief in the very presence of 
their legislature, violating not only the 
laws and constitution of their own ter- 
ritory, but trampling under foot that 
sacred charter of freedom., which had 
been erected at the expence of the 
blood and treasure of so many of our 
ancestors. What was the language of 
every native Louisianian on that occa- 
sion? Formerly, (said they) such 
conduct would not have surprised us ; 
we were then at the mercy of arbitra- 
ry power. But we had been told that 
our situation was changed ; that we 
were governed by laws, and not by 
the caprice of men ; that the rights of 
the private citizen were as sacred as 
those of the highest in authority ; that 
the humblest cultivator of your soil 
and the chief magistrate of your coun- 
try, were bound by the same laws, and 
subject for their violation to the same 
penalties. What has become of this 
boasted liberty, this government of 
laws ?— — It has fled, like a vision, be- 
fore the accursed influence of military 
despotism. While you on the one 
hand are making laws at an enormous 
expence to your country ; the com- 
mander m chief is violating them on 



the othea, setting your authority at de* 
fiance, trampling upon the sovereignty 
of the people, and prostrating every 
principle of liberty, which you had 
taught us to revere." For rea- 
sons best known to your committee, 
they never made a report. And here 
I cannot forbear remarking that they 
did not in my opinion, discharge the 
duty which they owed to their coun- 
try, or to the dignity of this house. — 
After having amused you for upwards 
of forty days, you were obliged to dis- 
charge them and name another com- 
mittee in their place, who have report- 
ed the memorial now under consider- 
ation. I am a friend to this memorial 
with the alterations I have suggested, 
because in territorial governments, 
where the principal officers are ap- 
pointed by the president of the United 
states, to whom and to the senate alone 
they are responsible for their conduct, 
it becomes the duty of the representa- 
tives of the people, whenever their 
rights are infringed, to lay their com- 
plaints before congress, the legal guar- 
dians of the liberties of the people.- — 
For wise purposes it has been thought 
proper to establish this kind of govern- 
ment in remote parts of the union, 
where the number of inhabitants did 
not justify the formation of an inde- 
pendent state. It is a kind of proba- 
tionary state, (many of you, gentle- 
men, may think it a purgatory) thro* 
which it is deemed necessary that we 
should pass, before we are admitted to 
the full enjoyment of that glorious in- 
heritance which is the birth-right of 
every native born American. For 
myself, I am no great admirer of this 
form of government : my objections 
to it are various : it may, however, be 
the best which could havs been devise 
ed for us. In a country like ours, just 
emerging from despotism, composed 
of the inhabitants of various nations & 
languages, unacquainted with political 
concerns, because they had not before 
been allowed to take any share in the 



I * 3 



administration of government ; it was 
perhaps good policy to regulate their 
admission as an independent member 
of the great American Union, by gra- 
dual and progressive steps. But it 
never for this purpose was intended 
that we should be oppressed. Con- 
gress did not set over us men who 
were to rule us according to their 
own arbitrary will. On the contrary, 
they extended to us by express, writ* 
ten and clearly denned laws, the chief 
of those fundamental principles of li- 
berty, recognized and secured by the 
Federal Constitution. 

I am not one of those who are dis- 
posed on slight grounds to censure 
the conduct of public men. I am well 
aware of the folly of attempting, nay 
of the impossibility of satisfying every 
body. I hope however I have discern- 
ment enough to see, 8c courage enough 
to expose any Wanton inroads upon 
our rights, under whatever name, or 
by whatever specious pretexts they 
may be sanctioned. We are remov- 
ed at a great distance from the seat of 
the general government. Until very 
lately we have had no Delegate upon 
the floor of congress ; and as it relates 
to the subjects of which we are now 
speaking, he must be totally ignorant. 
We have been formerly calumniated, 
and we were silent. We have been 
recently denounced, insulted and ac- 
cused of treason — it is therefore high 
time to vindicate ourselves. 

One word mr. chairman, as relates 
to the general state and situation of 
our country. We have a population 
of nearly 60 3 000 souls, scattered over 
a territory of six hundred miles in 
length, and nearly the same breadth. 
Of this population, about one half are 
Slaves, one-tenth free persons of color, 
and the remainder free white persons. 
The whole of our militia, thinly dis- 
tributed over this extreme region, if 
VOu except the battalion of colored 



people, do not amount to more tnafe 
six thousand men. During the exist- 
ence of the bpanibh government here$ 
in addition to this miiicia, it was tho't 
necessary for the safety of the coun- 
try, to keep up a considerable milita- 
ry force, and accordingly the King of 
Spain maintained a standing array iii 
the different parts of the then provi nee 
to the amount of from two to three 
thousand men j and that too at a time 
when he was sole proprietor of the 
whole country, and free from the me* 
nacesofany enemy. Since the tak- 
ing possession ol this country by the 
United States, we have frequently 
been under serious apprehensions of 
an attack On the part of the Spaniards, 
They have more than once invaded 
our territory : they have constantly 
kept up an armed force on our fron- 
tiers ; and they are masters of the 
Country not only on the east and west 
of out settleinents, but are in posses- 
sion of Baton Rouge, a fort which 
could be easily made to command the 
navigation of the Mississippi from a- 
Dove, and enable them at any time to 
lay waste the lower country, and seize 
upon this city. Notwithstanding this 
exposed, defenceless situation ; not- 
withstanding the importance of this 
country to the American Union ; we 
never have had at any time, (if my in- 
formation be correct,) for two or three 
years past, more than from 150 to 300 
troops fit for actual service in this city 
or its vicinity. But where, it will be 
asked, are your 6000 militia ? It has 
already been seen oyer what an exten- 
sive country they are spread, exposed 
in all directions to a jealous and rest- 
less neighbor. But this is not all. 
When the number of our slaves is 
taken into view, any man in his senses 
will see that instead of marching our 
militia from their homes to fight for- 
eign battles, it will be always necessa- 
ry in times of war, to strengthen them 



{ 18 ) 



qei their own plantations, for the pur- 
pose of protecting their families, and 
enabling them to keep up a proper su- 
bordination among their slaves. Our 
militia are moreover peculiarly situa- 
ted. They have never been as yet, 
owing to various circumstances, pro- 
perly organised ; and this country has 
changed masters so often in the 
course of a few years, and its political 
relations so frequently varied, that it 
would be unnatural to expect from its 
inhabitants in the course of a few 
months, during which time they have 
experienced many vexations and dis- 
appointments, any very ardent affec- 
tion, either to our nation or our go- 
vernment. I do not insinuate by these 
observations that the people of Loui- 
» siana are not brave, and possessed of 
all the qualifications which adorn the 
character of man, and render him a 
good citizen : I believe them attached 
to the principles of our government, 
and willing to sacrifice their lives and 
their fortunes in defence of their coun- 
try : nor have I taken this view of 
our situation for the purpose of cen- 
suring our local or general govern- 
ment. I will not fir et end to say where 
the blame lies. I know not whether 
our real situation has ever been 
known, or whether if known, it would 
have been better provided for. All I 
contend for is, that we have been left 
in a defenceless, unprotected state ; — 
and that at the arrival of gen. Wilk- 
inson upon the Sabine, we were at the 
mercy of the Spaniards or of any ene- 
my that might have chosen to make 
war upon us. Judge then sir, of the 
gratitude and affection with which 
that general was received, when after 
having settled the difficulties in the 
west, which had occasioned great un- 
easiness and alarm, he came with his 
army to take up winter quarters in this 
city. He was hailed with joy by eve- 
ry lover of his country. We had 
heard with some anxiety, it is true, of 



his having demanded of the acting go- 
vernor of the Mississippi territory, 
500 militia, and of his having given 
orders lor the dismantling Fort Adams 
and for the transporting to this city 
all the artillery and military stores of 
that post. But we flattered ourselves 
that it was for the better defence of 
the country, and the protection of its 
inhabitants. Shortly after his arrival, 
every thing was put in motion, and 
great preparations were made for re- 
pairing the old fortifications. In ad- 
dition to the soldiers, a number of ne- 
groes were hired at enormous expence 
■ — large contracts for lumber and pick- 
ets were made — and we were inform- 
ed that the whole city was to be im- 
mediately put in a state of defence — 
Military guards were posted in various 
parts of the town — one of our princi- 
pal streets which had cost the corpor- 
ation many hundred dollars, was block- 
ed up, and public curiosity was excit- 
ed to an alarming pitch — the most 
profound mystery was observed on 
the part of the general and the gover- 
nor, as to the cause of these warlike 
preparations — conjecture was on tip- 
toe ; and as it is impossible to stifle 
enquiry in the busy minds of freemen, 
every one made war with the nation he 
liked the least, and by turns the batte- 
ries of st. Charles and st. Louis were 
made to play against Spain, France, 
England and even against our own 
country. The most rational part of 
the community were lost in astonish- 
ment. u If we are preparing, (said 
they) to fight a foreign foe, why desert 
our frontiers, entrench ourselves in 
New-Orleans: place our safety in her 
imperfect walls ; and leave the Bal- 
ize, Fort St. John's, Fort Adams and 
the Walnut Hiils, unprotected by a 
single cannon or a single man." 

While the public mind was in this 
state of agitation and alarm, an assem- 
bly of the merchants was called at go- 
vernment house. To these gentle-. 



' 



( '9 ) 



men the general stated that Aaron 
Burr, in combination with a number 
of wealthy and influential characters, 
from various parts of the United States, 
were engaged in a desperate and law- 
less enterprize to invade Mexico, to 
sever the Atlantic from the Western 
states, to make himself master of this 
city, plunder the banks,seize upon the 
shipping, and under convoy of a Bri- 
tish fleet, to transport his army to La 
Vera Cruz. In the prosecution of 
these objects, to use the language of 
your memorial, Burr himself was to 
be at Natchez by the 15th or 20th of 
December, with 2,000 men, and was ■ 
soon afterwards to be joined by a body 
©f six thousand more. This informa- 
tion the general said he had received 
partly by a letter in cypher, addressed 
to him from mr. Burr, and partly by a 
letter from mr. Dayton, also in cy- 
pher, received on the 10th of October 
last, while at Natchitoches. The o- 
ther parts of the plan had been com- 
municated to him by accredited a- 
gents of Burr, sent for that express 
purpose. 

The governor confirmed the ac- 
count which had been given by the 
general, and read some p*rts of a let- 
ter, which he had received from a gen- 
tleman of high respectability in Ten- 
nessee, advising him to beware of 
traitors — to beware of the 20th of De- 
cember — to beware of the ides of 
March — and both him and the gener- 
al united in recommending an em- 
bargo to be laid on the shipping, which 
was accordingly done. 

It is, mr. Chairmain, difficult to 
conceive, but much more so to des- 
cribe the consternation which this dis- 
closure produced upon the public 
mind ; but great as it was, it was e- 
qualled if not surpassed by the honest 
indignation which burst forth against 
the authors of this infernal plot, from 
the bosoms of every citizen of our 
country. It is impossible to deter- 



mine what description of men were 
most ardent to meet the traitorous foe 
— and I solemnly declare my belief 
that there is not a respectable citizen 
of the territory who would not have 
risked his life in defence of his coun 
try. One or two new volunteer com- 
panies were formed, the old ones were 
augmented, and the battalion of Or- 
leans Volunteers gallantly offered their 
services to the executive for the de- 
fence of their country. The officers 
of the militia were extremely active; 
great exertions were made to com- 
plete their organization, and every 
demonstration of zeal in the common 
cause given on their part. There 
seemed to be but one object and but 
one mind- — resistance and death to the 
traitors. While we were engaged in 
reflecting upon these things, it was 
rumored that the general intended to 
declare martial law, and that the go- 
vernor meant to suspend the writ of 
habeas corpus. The former part of 
this threat was in effect immediately 
put partially into execution, and the 
latter part was suspended only for the 
want of power and from a representa- 
tion of the folly and danger of such a 
measure. On the 13th of December 
Doctor Bollman was arrested in the 
public streets by a military guard, un- 
der the orders of general Wilkinson, 
which was soon afterwards followed by 
the arrest of Swartwout and Ogden.— - 
These gentlemen had been but a short 
time in the country, and were known 
but to few of its inhabitants. The ex- 
traordinary nature, however, of their 
arrest and confinement, in open viola* 
tion of the best privileges of an Amer- 
ican citizen, excited some interest ia 
the public opinion, and induced their 
friends to sue out writs of habeas cor- 
pus in their favor. The first of these 
writs was issued by the superior court 
in favor of Bollman, who had already 
been hurried out of the cpuntry, or at 
least was so alledged by the genera 



C 20 } 



*il, outof the reach of civil process..— 
The return to this writ was perhaps 
the most singular in manner and stile 
of any ever before made to a court of 
justice, The general's approach to 
the court was announced by his aidde 
camp, mr. Duncan. He appeared at 
the bar, with all the pomp, and was 
cloathed with all the insignia of mili- 
tary power. He informed their hon- 
ors, that he took upon himself all resr 
ponsibility for the arrest of Errick 
Boilman, and that he had adopted mea- 
sures for his safe delivery to the exe- 
cutive of the United States, as he 
would do with all others, without re- 
gard to standing or station, against 
whom satisfactory proof of guilt might 
arise in his mind. He enlarged con- 
siderably upon the extent of the con- 
spiracy ; the great .and imminent dan- 
ger to which we were immediately 
exposed ; the wealthy the talents and 
number of Burr's associates ; and, 
casting his eyes around upon an appall- 
ed multitude, declared, that even with- 
in this city, there were many enemies 
to their country ; that treason not only 
lurked in your hiding places, but stalk- 
ed proudly through your streets at 
mid day ! The several documents in 
support of these allegations* particu- 
larly Burr's and Dayton's letters. in 
cypher, and parts of the letter which 
the governor had received from Ten- 
nessee, suppressing as the governor 
had done before him, the name of its 
author, and whatever related to the 
general himself! He further said that 
it was after several consultations with 
the Governor and two of the judges of 
the Territory, viz. Hall and Mathews, 
that he had. hazarded this step, but 
being contradicted by the honorable 
Judge Mathews, the general replied, 
that he had understood him to that ef- 
fect, and then looking down upon the 
bar, he called out for two of its mem- 
bers, and denounced them as traitors 
to their country. T.he disgraceful 



scene that followed,, should be buried 
in etein il oblivion. Great God 1 shall 
the sacred temple of justice be con- 
verted (by an American .officer) into a 
club of revolutionary tumult, and mi- 
litary denunciation ■.! and shall the ci- 
tizens of freedom loo'v tamely on ?. 
Shall the insulted ministers of the law 
return thanks to its violator, applaud 
his conduct, bow before him, and kneel 
at his. feet ? The General retired, not 
to the place which he deserved, but 
in triumph, and the friends of the con- 
stitution departed with grief and in- 
dignation and despair, to bewail the 
misfortunes of their country. The ef- 
fects of this disastrous day were soon 
every where discovered. Suspicion 
became identified with treason. Eve- 
ry one conscious of his own innocence 
and believing the declaration of the ge- 
neral to be true, concluded that others 
were guilty — .pubUc as well as private 
confidence was lost — individual friend- 
ship was destroyed — all the bonds of 
society were torn asunder — md public 
tranquility as well as domestic happi- 
ness were banished from our shores : 
- — Broils and party spirit succeeded in 
their places ; and the contention was 
between the friends of the law, and 
the advocates for arbitrary power.— 
The people however were still united 
upon one point — .resistance to Burr.— . 
A similar return was, in the last resort 
made to the habeas cor/ius in the case 
of Ogden, who after having been once 
set at liberty by the civil authority, 
was a second time arrested and con- 
fined along with mr. Alexander, by 
the orders of the general. 

In the mean time guards were plac- 
ed above the city to arrest and exam- 
ine all travellers, to stop all boats, ex- 
amine their passengers, and to fire 
upon the boats which refused to come 
to ! — a detachment of dragoons was 
sent to Manehac, with the same, and 
additional orders to break open and ex* 
amine ail letters and other papers.' 



< 2' ) 



ibund in the possession of travel- 
lers. 

A second regulation was established 
making it necessary for vessels and 
citizens of this territory, as well as o- 
ther persons, to furnish themselves 
with passports ; and those who ne- 
glected to do so, were compelled to re- 
turn to the city of New-Orleans, in 
search of a document, the necessity of 
which hud never heen publicly noti- 
fied. 

While- these things were going on, 
at the Balize and in the country, your 
post-oS.ce was erected into an inquisi- 
tion ; private letters were broken o- 
pen ; the secret3 of individuals were 
disclosed ; and the reputation of every 
honest man exposed to the mercy of 
every malicious scribbler. The pri- 
vate as well as public conduct of indi- 
viduals, was watched ; and they were 
alarmed, menaced or intreated, accor*- 
ding to the timidity or firmness of 
their dispositions : secret depositions 
were taken, without the knowledge of 
those they were intended to criminate : 
and characters were to be tried, for ac- 
quittal or infAmy,before a judge whose 
own fidelity had long been suspected. 
The information, however, from Ken- 
tucky, the pretended seat of the con- 
spiracy, did not altogether comport 
with the fears as to the dreadful situa- 
tion into which the public conduct of 
our rulers had reduced this unfortun- 
ate city. Boats were constantly de- 
scending the river ; private commu- 
nications were daily received, and it did 
not appear that they were under any 
great apprehension there, either for 
their own, oroursafetv. Burr it is 
true was wandering through that and 
the neighboring stites in a suspicious 
manner ; some apprehension had 
been excited in the public mini, and 
he had been twice arraigned before 
the district court of Kentucky, for 
hostile intentions against the peace of 
the union, but was acquitted on bot!> 



occasions. Such was the situation of 
aifairs, when in the afternoon oi the 
14th of January, General Adair arriv- 
ed among us. This gentleman it had 
been reported was to hold a distin- 
guished command in Burr's army. He 
made his entry into this city about one 
o'clock alone and unarmed. He took 
up his lodging at a public boarding 
house, and being indisposed sent a 
messenger to the governor to inform 
him of his arrival, and requesting that 
information might be sent to General 
Wilkinson to the same effect. Hs 
mentioned that he had left Nashville 
on the 22d of December, and that Burr 
was then the c with only two flat boats-, 
destined for this city. He had never 
been m New-Orleans but once before, 
in 1800, when ne remained only a 
few days ; and could not, therefore, 
have any extensive acquaintance with 
its inhabitants. He had very recent- 
ly occupied a distinguished place in 
the councils of the government, and 
was held high in the estimation of his 
country, as a man of talents and brave- 
ry. About four o'clock on the same 
day of his arrival, whilst at dinner, a 
detachment of the regular troops, con- 
sisting of one hundred and twenty men 
commanded by colonel Kingsbury, 
accompanied by one of the general's 
aids, posted themselves before the 
door of the hotel: Adair was violent* 
ly dragged from the table ; paraded 
through the streets, exposed to the pi- 
tying gaze of hundreds of his astonish- 
ed fellow citizens, and indisposed as 
he was, committed to close confine* 
ment in a cold, uncomfortable room at 
the barracks. They beat to arms 
through the different streets of the ci- 
ty ; all the inhabitants Were in com- 
motion ; the battalion of volunteers and 
a number of the regular troops were 
ordered under arms ; and three other 
gent'emem inhabitants of the city, and 
all of them holding o'liceS under the 
territorial government, were arrested 



( 22 

and conveyed to Head-Quarters. Two 
of these gentlemen were liberated by 
writs of habeas cor/ius, and the other 
was voluntarily released by the gener- 
al himself some time after. A few 
days subsequent to this period, certain 
information was received of the arri- 
val of Burr in the neighborhood of Nat- 
chez, with thirteen fiat boats, loaded 
principally with provisions, and with 
only a sufficient number of men to 
conduct them down the river : no 
guns, ammunition or other military 
stores were found on board, more 
than is commonly met with in Ken- 
tucky boats. And from that time to 
his surrendering himself to the civil 
authority, it does not appear that he 
was joined by any additional force. 

Notwithstanding Burl's surrender, 
however ; notwithstanding the most 
unequivocal evidence of the feeble- 
ness of his force and the failure of his 
plans ; notwithstanding the conviction 
in the mind of every man of reflection 
of the want of legal power in territori- 
al governments, to suspend the 
writ of habeas corpus ; he governor 
®f the territory addressed tojhis house 
on the 10th of February, a message 
recommending that me?csure, and as- 
signing as his reason for so doing, that 
he had been " recently advised of the 
approach to this city of an agent of 
the conspirators, of his name, the route 
he had taken, and the object of his 
mission ; but that he had it not in his 
power to adduce such proof as would 
justify a civil magistrate to commit 
him to prison." An American citizen 
against whom suspicion was entertain- 
ed, but of whose guilt no proof could 
be adduced, was expected in your city, 
and it was probable that he would be 
rescued from that suspicion by the ap- 
plication of the writ of habeas corfius, 
and placed upon a footing which the 
laws of your country entitled him to, 
and you are called upon by the execu- 
tive of this territory to take away not 



only from him, but from every other/ 
citizen, the great constitutional bul- 
wark of the liberties of the American 
people. The fate of this message is 
well known. But sir, to the shame of 
this house, let me ask,what would have 
been its fate had not the minoritv re- 
sorted to the measure of consulting 
the judiciary of ou** country. During 
the time of three days of secret debate 
which this important question occupi- 
ed, it was evidently seen that a large 
majority of this house, was determin- 
ed at all hazzards (I will not question 
their motives) to second the views of 
the executive. Some of your mem- 
bers were bold enough to say, that the 
governor had recommended the mea- 
sure ; and that it must therefore be 
proper. I am however bo:h for my- 
self and my country grateful to them, 
for yielding their opinions to superior 
wisdom ; and leave it to the world to 
decide how far the governor was justi- 
fiable (or ignorant of your powers) in 
recommending, for the apprehension 
of one suspected individual, the sus- 
pension of the dearest privilege of an 
American citizen. 

From the view I have taken of this 
subject, mr. Chairman, you will not 
be induced to believe that I have any 
doubt of the existence of a plan to sub- 
vert our government, and to invade 
the dominions of Spain. On the con- 
trary, sir, I most firmly believe it ; I 
believe that such a plan has been long 
in agitation, that it has taken deep root 
and spread through a great portion of 
the United States. But sir, I am per- 
suaded from the facts I have detailed, 
that I can convince you, this honorable 
house and the whole world, that its ori- 
gin is not to be found in Burr's cypher- 
ed letters, in Dayton's communicati- 
ons, or in Burr's agents to Wilkinson : 
and that its defeat is not to be ascribed 
to the affected patriotism either of 
gen. Wilkinson or gov. Claiborne. 
The officiously lopping off limbs to 



( 23 ) 



preserve the body may answer the am- 
bitious, avaricious purposes of an igno- 
rant quack, but will never meet the 
* sanction of a sound intelligent physi- 
cian, who upon taking a view of the 
whole distemper, clearly sees that 
such mutilations can have no other ef- 
fect than to weaken the body? and hur- 
ry his patient to death. I have no idea 
that your constitution is to be preserv- 
ed by trampling it under foot — that 
your laws are to be maintained by set- 
ting them at defiance. No man vull 
doubt that Burr was a conspirator, and 
if we believe Wilkinson, that Dayton 
and many others were concerned with 
him. Let us look at his conduct. If 
I am not mistaken the last time he 
met the general at the Federal City, 
he accosted him nearly in the follow - 
' ing words : (my authority is governor 
Claiborne) — General what are you a- 
bout — What has become of your am- 
bition — Your love of glory and danger- 
\ ous enterprise ? I possess these quali- 
1 ties, replied the general, in the same 
degree I ever did. Then what are 
you doing here, said Burr ? Point out 
to me a held said the general and I am 
your man. Burr pointed to Mexico 
— and the remainder of the conversa- 
tion was in secret, and is still unknown 
to us. The general is appointed to the 
government of Louisiana,and we short- 
ly afterwards find Burr on his way to 
that country. Why this visit ? Was it 
for the pleasure of traversing a wilder- 
ness of several hundred miles in ex- 
tent ? Was it to examine the dreary 
plains cf the Indiana territory ? To 
take a view of the wretched villages of 
Kaskaskias or Kahokia ? or was it to see 
gen. Wilkinson ? From St. Louis he 
descends to New-Orleans, not as an 
ordinary traveller, but in an elegant 
barge, manned by the troops of the 
X United States, soldiers under the ge- 
nerals command. To whom is he in- 
troduced, and in what style ? To the 
old friends of the general, and in terms 
•f the highest recommendation, both 



as to his talents and probity, He 
spends a few days here — returns to St. 
Louis — talks over with the general 
the plan of invading Mexico (ridicules 
a foolish club he had heard of at New- 
Orleans, established upon patriotic 
principles) and departs for the Atlan- 
tic states. The next news we hear of 
him is at Philadelphia, in the month 
of August, from whence he writes to 
the general, not as you or I would 
write, but a letter in cypher, a lan- 
guage unknown to any one but them- 
selves, in which he states that he had 
obtained funds, and actually commenc- 
ed the enterprise — An enterprise in 
which Wilkinson was to be second to 
Burr only I in which Wilkinson was to 
dictate the rank and promotion of his 
officers. Examine this communica- 
tion sir, and compare its contents with 
your knowledge of the human heart. — - 
What internal evidence does it con- 
tain ? Put your judgment under the 
controul of that evidence, and follow 
me from Natchitoches to New-Or- 
leans, and the honorable gentleman 
from Acadia will lose his motion. — — ~ 
W hat did the general do on the re- 
ceipt of Burr's letter ? He writes to 
the president of the United States, gi- 
ving him some account of the scheme. 
This was proper. But what ought he 
to have done further ? He knew that 
Burr was in Kentucky, and that the 
enterjirize had not yet made much pro- 
gress. We knew that the documents 
in his possession, if forwarded in legal 
form, to the governor's of Kentucky, 
Tennessee and Ohio, would be suffi- 
cient to enable the constituted author- 
ities of those states to seize the traitor 
and stifle at once the whole nefarious 
plan. He knew from Gen. Wilkinson's 
correspondence with Burr that these 
documents might have been sent in 
time to meet him there, to surprise 
his army, if he had one, and capture 
its chief. Did he do this ? No sir; 
whilst the honest state of Kentucky 
was groping in the dark for testimony 



C 24 



•-—while she was endeavoring to get 
some clue for the discovery of Burr's 
guilt, General Wilkinson, in posses- 
sion of damning proofs against him, 
was not only silent upon the subject, 
but wrapped himself up in mystery & 
suspicion ; and took such a stand as 
placed his conduct, and the whole of 
his operations in the most equivocal 
point of view. What would have been 
the fate of Burr and his accomplices, 
had the courier mr. Smith, on his way 
to Washington, left a copy of Wilk- 
inson's testimony with the governors 
of Tennessee, Kentucky and Ohio : — 
He passed through Nashville about 
the middle of November, previous to 
Burr's tiials in Kentucky, and thirty 
or forty days previous to his depar- 
ture from Tennesse. What was the 
general about ? We find him at Nat- 
chez on the tenth of November soli- 
citing the acting governor of the Mis- 
sissippi territory for 500 of his militia. 
But the governor it seems had the as- 
tonishing insolence to demand for 
what purpose these men were want- 
ed ? The general refused to satisfy 
his curiosity, and the men were not 
granted. Why this demand on the 
part of the general ? Burr was ex- 
pected at Natchez in a few days with 
2300 troops, and therefore the gover- 
nor of that terrritory -must send 500 
of his mi;itia to New-Orleans — he 
must disarm himself, deprive his 
country of its onlv force, and leave its 
inhabitants unprotected- — a prey to 
their own slaves, or the neighboring 
savages — and for what ? Because in 
a short time a powerful enemy was 
to be at his gates. Further sir— -why 
did the general conceal from governor 
Meade the projects of Burr ? Was 
it to put him on his guard, to enable 
I>im to make a stand against the inva- 
der ? or was it to lull him to sleep, 
that his country might be found open 
anddelenceless, and the road to New- 
Orleans free from obstructions ? I 
Qftfi Upjoa the gentlemen sir, to an- 



swer these questions. I will now 
proceed to New-Orleans. A few days 
after the general's arrival in tnis city, 
governor Claiborne did me the honor, 
under the most solemn injunction of 
secrecy, to disclose to me ail the par- 
ticulars of Burr's projects, and to con- 
sult me as to the best measures tnat 
could be adopted for the safety of the 
country. He seemed to be confounded 
with tear h astonishment, and observed 
that from the general's account, Burr 
had many powerful friends in this ci- 
ty. He asked me whether I had a- 
ny knowledge upon that subject ; and 
intreated me if I had to communicate 
it to him with that candor and love of 
my country which he did me the honor 
to say he knew I possessed. I replied 
that I never had heard of such a 
scheme, and that I firmly believed 
there was not a man in the territory, 
(the agents and officers of foreign go- 
vernments excepted) who wou4d not 
risk his life for its defence — That up* 
on the integrity of the union depend- 
ed the liberties not only of this terri- 
tory, but of the whole American em- 
pire, and that I was warranted in say- 
ing from a knowledge of the public 
sentiment and the character of the 
people at large, that Burr nor no a- 
ther man either had, or would ever be 
able to find among the people of Loui- 
siana, friends to a scheme pregnant 
with so much ruin and marked with 
infamy. I further observed that he 
himself must tu.ve heard much conver-* 
sation upon the subject of a war with 
Sp. in, and an invasion of Mexico in 
case of that event. That this was a 
favorite topic with ail the: true Ameri- 
cans in this country, as well as with 
many of the native Louisianians — * 
That some time since, when, from 
the political relations between the U- 
nite i states and Spain, every man of 
sense was apprehensive that war would 
be the result, a club was formed in 
this city, called the Mexican society 
—That it had for its object collecting 









( £3 Jf 



Y'hat it had for its object collecting 
information relative to the popula- 
tion and force of the internal pro- 
vinces of Spain, which in tht event 
of war, might be ufeful to the Uni- 
ted States — That I was a member 
of that club, and that the principal, 
members of it. were men of great ta- 
lents and high ftanding in focietv, 
and diftinguifhed for their zeal in 
fupport of our government. But I 
allured him upon the honor of a gen- 
tlemen, that the fociety had ceafed 
to exift for many months—that we 
never had heard of Burr's plans, and 
that neither directly or indirectly did 
I ever hear from him or any other 
man upon earth, any propofitions 
hoftile to the interefts of the United 
States, or any other nation with 
which we were at peace. His ex- 
cellency told me that he had not him- 
felf feen the original documents up- 
on which the general founded his 
calculations-^but that he had receiv- 
ed verbally from him a full and fatis - 
factory account of them. I fugged: - 
ed the propriety of his obtaining 
certified copies of all the important 
facts ; and of his immediately tranf- 
mitting them to the governors of the 
upper Mates and territories, as well 
as to the prefident of the United 
States. I advifed him immediately 
todifpatch couriers for that purp^fe, 
and offered my services, to fet out 
the next day, if necelfary, to Ken- 
tucky. I told him that I had confi- 
dence in the patriotifm and integrity 
of the upper country ; and as the ge- 
neral had neglected to give them in- 
formation of their danger, it might 
be yet time ; and that at all events 
it was his duty to do fo. I fuggefted 
the propriety of his taking a ftrong 
ground ; calling out and putting in- 
to actual fervice fev^ral hundred of 
his militia, and of his retaining them 



under his own command. I oppos- 
ed the declaring martial law, or the 
fufpenfion of the writ of habeas corpus. 
I confidered fuch meafures unnecef- 
fary, illegal & calculated to excite a- 
larm,deftroy all confidence in the civil 
authority, & throw the whole govern- 
ment into the hands of the military 
chief. I took a view of the general 
conduct of that officer, £s although I 
hoped, & was willing to believe 'hat 
he might be actuated by the bell of 
motives, yet I thought his conduct not 
calculated to infpire that confidence 
which the public fafety fo urgently re- 
quired. 

In giving thefe opinions I discharged 
my duty— but the Executive thought 
proper to take a different courfe. We 
fee him immediately afterwards con- 
fen' ing to* and approving of unlawful 
military arrefts* und the tranfporta- 
tion of your fellow citizens — You 
fee him advifing an illegal embargo 
upon your fhipping, trafit-ferring to 
the General the command of the Bat- 
talion of Orleans Volunteers with- 
out their confent or knowledge, and 
youfee this refpectable corps conver- 
ted into conftables and catchpoles 

You fee them employed in dragging 
their former friends and companions 
from their houfes, paiading them 
through the ftreets to their places of 
confinement. You fee them polled 
on the road engaged in the odious tafk 
of hunting down their fel low citizens, 
fearching their pockets, breaking o~ 
pen their letters and acting as fpies 
upon their conduft. Could vou fir 
approve of fuch meafures as thefe, and 
will you now withhold a knowledge 
of them from the General Govern- 
ment ? I ventured from the beginning 
to refufe them my approbation, and 
when acting under the obligations of 
Executive favor and in fpite of threats 
and intreaties I dared upon this floor 
D r 



t 26- 'J 



to ftand up in defence of the violated 
lights of my conflifuents. I flatter 
myfelf that I fhall now, having got 
lid of thofe obligations, be entitled to 
your indulgence for the time I fhall 
take upland your candid examination 
of fuch arguments as my feebJe tal- 
ents may enable me to make ufe of. 
We have feen fir, that fufpicion a- 
lone was fufficient in thofe times to 
infure your arreft. If you dared af 
fert from your knowledge of the pa- 
triotifm of the weflern flates, that 
Burr would n«t fucceed-— that he 
never would find in Kentucky a fuf- 
ficient number of men to put his 
plans into execution, — you were ac- 
cufed of wifhing to lull the people 
into a ftate of dangerous fecurity ; to 
flifle the vigilance of government ; 
and were therefore denounced as a 
friend to Burr.- — If you, on the other 
hand, gave implicit confidence to all 
the. general's information ; if you 
believed that Burr could eafily raife 
■6 or 10,000 men, and that fuch was 
his character and talents that with 
that force nothing could flop him, 
you were equally his friend, and a 
traitor to your country. 

If you admitted that danger exit- 
ed, but avowed the opinion that the 
laws of your country were adequate 
to its fuppreflion, and that your courts 
of juftice were open ; you were told 
that it was necefTary ** to antici- 
patethe tardy procefs of the law" — 
that fuch old fangied opinions were 
not applicable to the prefent times ? 
and advifed to conceal them within 
your own bofom, leaft you might ex- 
pofe yourfelf to the vengeance of the 
new and mercilefs defpotifm. For 
my own part fir, I never could a- 
dopt this doctrine. I have fr,»m my 
infancy adored the principles upon 
which the American Constitution is 
founded, and under that Conftitution 



I doubt the pofTibility of a cafe i'fc 
which any officer of the government 
however high his ftation, however 
pure his character, can be juitifkd in 
a departure from the written laws of 
his country ; much lels from a fla- 
grant, and what appears to me, a 
wanton and unnecefiary violation of 
them. If you once admit fuch a 
principle as this, you lay the founda- 
tion for defpotifm ; and may bid 
adieu to liberty and the reign of law 
—you put it in the power of any 
ambitious man, of any idol of the 
people, of any powerful military 
chief, to fupoofe fuch a cafe, to ima- 
gine public danger \ make it a pretext 
to trample your laws under fool-- 
feize upon your government, admi- 
minifterit a while according to his 
own fancy, and finally erect upon its 
ruins jurt fuch a fyftem as Cxfar did 
in Rome ; as Bonaparte has done in 
France. In this way all the govern- 
ments in the world have been over- 
turned ; and in this way, if you 
countenance fuch doctrines, the liber- 
ties of America will be loft. What 
does it matter to me, Mr. Chairman, 
if this be effected by Aaron Burr or 
James Wilkinfon. For the fake of 
argument, however, I will admit the 
pofition — / will Jupprfe that a cafe 
may happen cohere " the tardy pro- 
cefs of the law/' may he "antici- 
pated" — when a governor may aban- 
don, and a general of your army may* 
and ought to ufurp all power ! Was 
that our cafe ? To what real danger 
has our country hern expofed ? Look 
at Mr. Burr in Kentucky — follow 
him down to Natchez 1 How many 
men had he ever collected together f 
What quantity of arms or other mil- 
itary ftores do you find him or his 
afTociates in poffeflion of ? You have 
heard of 13 boats being f< ized near 
Marietta, loaded with provifions an<£ 



t n 3 



.prefumed to belong lo Burr*.*? party. 
Admit the fa£t. But how many 
men were on board thefe boats ? and 
what arms had they ? No arms at 
all, and not more men than were ne- 
ceflary to row thefe boars to Natchez 
— On the 22d of December he leaves 
Nafhville with 2 boats ; at the mouth 
ot Cumberland he is joined by II 
more ; and with this formidable force 
he arrives about the ioth of January 
at Bayou Pierre — 13 boats thenload- 
ed with provifions, having on board 
from 50 to 5 00 men, and about 40 
Hand of arms, which appear to have 
been brought alorg with them for 
the pupofe of killing turkies & wild 
gecfe for this mighty army — -to op- 
pofe wh'ch you are called upon 5 (and 
many of you have already pledged 
yourfelves) tojuftify General Wilk- 
infon and Governor Claiborne in the 
fecret as well as open violation ofe- 
very thing that is dear to the liberties 
of man. Many of you have alrea Jy 
hailed the Genera! as the faviour of 
his country, have bound yourfelves 
down to approve his conduct, and 
call upon us in the face of offended 
Heaven and the proflituted rights of 
your country, to go along with you 
by rejecting the memorial. Permit 
me to afk fir, (allowing every thing 
that has been faid about the nature 
and extent of Burr's plans to be true) 
who is entitled to that facred epi- 
thet ? Who has really been the Sa- 
viour of our country ? Who ha? de- 
feated the fchemes of Burr ? Have 
She operations of general IVilkinfon and 
governor Claiborne extended beyond the 
limits of this territory P Have the 
dreadful effecls of the wounds which 
have been injlicled upon your Conjlitw 
tion penetrated into the enemy s camp P — 
was Burrs progrefs arrefledp Was 
the feverance of the Un'on, or the inva- 
Jim of Mexico prevented by concealing 



his plans, embargoing your {hipping? 
withdrawing your troops from the upper 
country, demanding governor Meade's 
militia, infulting your courts of juflice, 
denouncing your fellow citizens as trai- 
tors, a r refling and tranf porting there- 
with out even the form >f a trial % filling 
the public mind with conflant alarms, 
deflroying the civil authority, or finally 
by trampling under foot every principle 
of jvflice and sf right P No Sir ! )fou 
owe your falvation not to general Wilkin- 
fon or governor Claiborne, but to the pa- 
triot if m and integrity of the people of Ken - 
tucky ; and ta them Jhould your altars be 
e reeled. You owe it to that love of li- 
berty aod independence ; U that attach- 
ment 10 their country ; to that confidence 
in the horejl adminifiration of the the gen- 
eral government, which glows in the 
minds of our wejlern brethren. Tou owe 
it to their love of thofe facred principles 
which you have not only fecn torn from 
you without a murmur \ but for the lofs 
of which you have kiffed in humilia- 
tion the ravifhi.r s feet , and with to place 
upon his head a crown of immortal ho- 
nors. If Burr had had to contend with 
fuch jentiments in Kentucky ; if he could 
there have ufurped with impunity the 
powers which your fuperiors have done 
here, what would then have been your 
(ituation P Who in that cafe would 
have been your Savior P If Gen. Wilk- 
infon had been upou the Sabine ; if him 
and his whole army, however brave and 
loyal they may be, had been in the remote ft 
corner of the globe, Burr never could 
have fucceeded. — His lawlefs fchemes 
would have been defeated as they have al- 
ready been. — But had he evenfucceeded 
in paffing Natchez with his miferable 
force, what would have been his fate 
here P Afk your boys and your women 
in the flreets. They would have been 
fufficient to have given a good account 
of him. But fir, it has been afked, 
with feme triumph, fuppoft General 



■$ 28 •). 



lead of cppojing him, had 
irr ■ expected., and as the 
\e had a right to expeft, 
h him i what would have 
(t ? — / leave this quef- 
njwerea by the General's 
•mj 'elves ; and I yi Id ei- 
r to them, all the advan- 
n draw from it. 



rs of the Orleans Gazette. 

'EN, 

I will thank you to in- 
3 wing in your next niim* 

j on a late occasion in the 
•epresentatives, observed 
ui Wilkinson had, in his 
tions to the Merchants of 
cl also the superior court, 
the name of Gen. Dayton 
ripiice of Aaron Burr ; I 
: to candor to state that I 
i mistake, The name of 
ay ton was not I believe, upr 
... Ion, publicly mentioned by 
ilkinson, as concerned wjth 
put at the same time I render 
truth, in correcting with 
. in accidental error, — I re- 
vself the right of stating to 
the circumstances and inl- 
ander which that error was 
— -This shall appear in 
paper. 

he honor to be very respect? 
fully, " 

four ob'dt. humb. servt. 

JOHN W ATKINS. 

;r'eans, April 5, 1807. 



ditors of the Orleans Gazette. 

lpliance with my promise I 
e to you the circumstances 
need me to state that Gen. 
n had publicly mentioned the 
a letter from Gen. Dayton 



on the subject of Burr's conspiracy- 
At the time Governor Claiborne 
communicated to me all that he had 
learnt from General Wilkinson, he 
mentioned among other things that 
Gen. Wilkinson had received a letter 
from Gen. Dayton, in which was these 
remarkable words " Louisiana & Mex- 
ico—Burr \$ Wilkinson." When a 
public disclosure of this plot was af- 
terwards made, this letter of General 
Qayton's was every where spoken of, 
and seemed to form a part of it. — 
Several of my friends, persons of the 
highest respectability, informed me 
that they had heard of the same let- 
ter, and repeated to me such parts of 
its contents as to convince me it was 
the same letter the Governor had men- 
tioned to me. I was not present at 
the assembly of the merchants ; but I 
had understood that this letter was 
read there as well as before the supe- 
rior court. In short, General Day- 
ton's letter had in my mind become 
so identified with Burr's, that they al- 
ways presented themselves together. 
In the house of representatives, 
Gen. Wilkinson read this same letter, 
and it was translated into French by 
the clerk. This letter was partly in 
cypher, and partly in common char- 
acter. It began by predicting to the 
general the loss of the government of 
Louisiana, and hinted in very strong 
terms th&t he was sinking in the con. 
fidence of his country-*- that Mr. 
Jefferson might affect to serve him, 
but that he would finally yield to pub- 
lic opinion, and after talking about 
troops, concluded with " Louisiana & 
Mexico— Burr & Wilkinson." I will 
not pretend to say that Gen. Dayton 
Is the author of this letter ; but I po- 
sitively affirm that such a letter exist- 
ed ;— and pledge myself to prove 
whenever it may be necessary, that 
Wilkinson gave Dayton as the author, 
if not publicly, at least in private con? 
versations. 

I am very respectfully h c % & c - 
' JOHN W ATKINS. 



X 29 ) 



Mr. Donaldson observed, that he 
should now renew his motion of yes- 
terday, that the memorial, be recom- 
mitted to a committee appointed for 
that purpose, he had no objection to 
any member of the committee who 
framed the memorial which was then 
before the house, but that he wished a 
new committee to be appointed that 
they might bring forward such a one 
as the house could act upon or would 
meet the ideas of a majority of the 
house. 

Doctor Watkins rose to explain the 
impossibility of ever bringing forward 
such a memorial as would accord with 
the ideas of all the members of this 
house. How in the name of God can 
"we pretend to discuss the propriety of 
forwarding this memorial to congress 
when the very grievances that we 
complain of in the memorial have been 
made meritorious acts, and an address 
approbatory of the measures adopted 
by gen. Wilkinson in this city has 
been signed and presented to him, and 
the names of some of the members of 
the house are subscribed to it and that 
of the gentleman who now renews his 
motion for a recommittment, unless I 
have been grossly misinformed ? 
What sort of a memorial is it contem- 
plated that we should send forward to 
congress ? one setting forth that it is 
true we have just emerged from a 
state of slavery and entered into the 
wide field of American liberty, but 
that we have not sufficiently recovered 
from the effects of slavery to enjoy 
that liberty ? Our wounds must be a- 
gain scarified before they can heal. 

The question was then taken on the 
recommittment of the memorial, and 
lost. 

Mr. Gurley rose and moved for the 
rejection of the report of the commit- 
tee. He observed that he had flatter- 
ed himself when the motion was made 
yesterday to recommit this report that 
it would have succeeded. But from 
-Jhe observationswhich have fallen from 



gentlemen this morning, he was per- 
fectly convinced oi the object of the 
advocates of this memorial, and thai 
not k the slightest ground existed to 
hope for any coincidence of opinion 
cetween them and those who wished it 
substantially changed,while its authors 
confess it replete with erroneous and 
false statements, andof necessity with 
unjust, because unfounded criminati- 
ons. We are still teazed to go into an 
immediate consideration of it, and to 
adopt it with the few alterations which 
they themselves propose, and which 
only prove to my mind that no sub- 
stantial alterations of any nature are 
intended by them or can be expected 
by us. Indeed the idea of amending 
this report in a committee of the 
whole house is ridiculous, we might 
as well resolve ourselves into a com- 
mittee of the whole, to write the histo- 
ry of Louisiana. In making the mo- 
tion which he had done to reject the 
memorial, he did not deem it necessa- 
ry to go into a consideration of its con-* 
tents, he was ready, however, to do it 
when necessary. But in the mean 
time believing it to be evident to every 
member of the house, that essential 
alterations in it were necessary, he 
conceived that the house had virtually 
decided in favor of his motion by re- 
fusing to adopt the only measure by 
which those alterations could possibly 
be made. 

Mr. Collins rose to second the mo- 
tion of the gentleman from Orleans: 
that the memorial contained state- 
ments not true, and ought not to come 
before this house, and that his vote 
would be to reject it 

Mr. Hughes wished the gentleman 
who spoke last would inform him be- 
fore what house or place this memo- 
rial ought to come, as he had declar- 
ed it ought not to come before this. 
One thing the gentleman has not ne- 
glected to inform us, which is that he 
will vote against it, but what of that, I 
will tell him that I will vote for it and 



( 30 J 



that it shall have my moat hearty ap- 
probation. The facts can be proven. 

' Mr. Gurley rose to explain that it 
was on the ground that the majority 
■of the house was against a recommit- 
ment of the memorial that he moved 
for its rejection in to to. 

Doctor IVatkins observed he wished 
to debate on this subject as is common 
on all debates before this house : he be- 
lieved that our government had been 
threatened to its foundations, but that 
the nefarious plot was defeated long; 
before it ever reached this city — that 
the authors of its defeat are not here, 
not to be found among the tramhlers 
upon our /caw— he rose to oppose this 
motion and would move to take up the 
memorial article by article and 
consider it. 

Mr. Parrot, said he was just about 
rising when the gentleman who spoke 
last aid to the same effect : he observed 
that the mode pointed out of discuss- 
ing the memoiiai article by article, 
was certainly the proper and usual one 
-—but it appeared to him to be the de- 
termination to strangle this memorial 
in its bir.h, to bring it to a premature 
fate, but he would ask the gentleman 
if his bow-strings we'e ready, h if he 
had his mutes at hand. This said he 
is a Turkish mode of execution, which 
I must confess I do not like — however 
we shall have one consolation that at 
least it will meet with an honorable 
■death, so far as it'relates to its execu- 
tioner. 

Mr. Donaldson observed that it 
had been said that no danger ever ex- 
isted to warrant the measures that had 
been adopted in this city, and that it 
was never sufficiently nigh ; it is true 
said he it was never at our gat s, but is 
it the mode of a good general to wait 
until danger is so nigh ? No, the best 
way is to be guarded against it and we 
should never despise danger, and too 
many states and citizens have fallen 
from the very circumstance of despis- 
ing- danger ; he declared that he be- 



lieved our present safety was owing, 
to the prompt measures which had. 
been adopted in this city. The gen- 
tleman from Opelousas tells us of a 
Turkish mode ; I have heard of cram- 
ing Turkeys, and the gentleman wish-: 
es to cram this memorial down our 
throats. 

Mr. Gurley observed that in moving 
as he had done for the rejection of the 
memorial, he thought thct he had 
been so explicit in the declaration of 
the motives by which he was governed, 
as to have left no room for charges 
which have been heard in your com- 
mittee, of want of liberality St candor. 
Gentlemen affect to believe that the 
exercise of those virtues in ihnr Favor 
can have no limitations. With what 
propriety (continued Mr. G.) can gen- 
tlemen call on us for the exercise of 
generosity, after having refused the 
proffer of accommodation which was 
holden out yesterday, by the motion 
which I had the honor to support for 
a recommitment of this memorial to 
the same committee which had repor- 
ted it. This mocion I thought so rea- 
sonable that it was with astonishment 
I had found it negatived. When mem- 
bers of that committee had conceded 
that they had made a report to this 
house which was incorrect in point of 
act v and which required gre it and ma- 
terial alterations to meet even their 
ideas of propriety, we are still compel- 
led to act upon it, and to take the 
chance of such partial alterations as 
may be made in a committee of the 
whole house. But after what I have 
witnessed, I feel perfectly satisfied 
that as no material alterations can be 
hoped for even on a recommitment, 
the sooner the better we disburthen 
ourselves of all consideration of the 
subject. Not that I am disposed, mr. 
Chairman, as has been stated, to 
strangle this measure in its birth ; 
much less shall I ever be induced to 
give a vote in this house for which I 
fear to assign the reasons which go- 



( W ) 



vern me, With regard to the first im* 
pu cation, my conduct has been a com- 
plete refutation of it. 1 have been 
willing to do ev ery thing which could 
have brought before this house such a 
representation to the national govern- 
ment as I thought worthy ot this legis- 
lature. I mean by this a fair repre- 
sentation of facts, and a temperate ex- 
pression of opinions resulting from 
those facts. buch a representation I 
shall forever contend, is the only one 
calculated to ha ye any effect, or to an- 
swer any one object which I have a 
right to presume that this legislature 
hab in view. 

In examining the memorial which I 
have done with attention only the pre- 
ceding night, I am confirmed in the 
impression which I had formed on 
hearing it read in the house, that it 
contained the most exaggerated and 
unfounded statements and such as I 
trust will never be given to the world 
under the solemnity of legislative sane 
tion. 

i shall as briefly as possible, rar, 
Chairman, examine some of those 
statements in order to justify the opin- 
ions which I have expressed and the 
vote which I shall give. In doing this 
gentlemen who have advocated this 
memorial will excuse me if I do not 
choose to follow them in the circuit 
which they have taken, and for which 
every man must perceive the object to 
be wholly foreign to any possible 
question which can arise from the sub- 
ject under our consideration. Indeed 
from what we have heard in support 
of this memorial, more than from the 
memorial itself, we are led to the real 
motives in which it originated. From 
what we have heard one would sup- 
pose that this house had abandoned its 
legislative functions, that it had erec- 
ted itself into a judicial tribunal to de- 
cide not on the recent events of which 
this memorial professes to treat, but 
on the character and conduct through 
life of the individuals implicated in it. 
Mr. Chairman, I stand not here the 
^vocateof any individual * *H I will 



never cease to reprobate an attempt 
like to prostitute the dignity of the 
legislature by making it subservient 
to a party and by engaging it to be- 
come a mad partizan in the quarrels 
and contests of individuals. 

It is therefore that I shall leave the 
conjectures, suspicions and denuncia- 
tions against the commander of the 
army of the United States and which 
have been made to embrace the history 
of his whole life, not because they are 
unsusceptible of refutation, for many 
of them refute themselves, but because 
they are entirely foreign to the sub- 
ject at present before the house.—— 
That subject so far as I know any 
thing of it, extends only to a consider- 
ation of the question, whether this 
memorial contains a fair representa- 
tion of the public measures which we 
have witnessed in this territory for 
the last three or four months. In re- 
ference to this single subject, I shall 
call the attention of the house to some 
parts of this memorial. The first 
part of it consists of a declaration of 
the rights conferred on the people of 
this territory by the different acts of 
congress establishing our government. 
So far I must confess, although I 
fear but very little farther, the au- 
thors of this memorial seem to have 
proceeded with some regard to truth. 
We then have an account of the arri- 
val of our troops from the Sabine in 
this city, and the measures which were 
shortly after adopted for its defence. 
And here commences the first charge 
against the commander in chief of his 
having excited unnecessary alarm by 
holding out the idea that martial law 
was to be proclaimed. From what 
quarter the authors of this memorial 
obtained their information, I know not 
—But this I know, that this is the first 
moment that I ever heard that any 
idea of this sort was ever suggested in 
the country by anv one, much less was 
I ever informed of any attempt to ex- 
cite unfounded alarm, among the peoy 
pie. 



( '32 )• 



That the citizens of this territory 
were alarmed ; that every man who 
loved his country, felt during a period 
of danger some doubt and uncertainty, 
an extreme degree of solicitude, can- 
not be denied. A conspiracy the 
ftiost attrocious 8c desperate that ever 
disgraced human nature was develop- 
ed to us. We saw it directed against 
the union of our country and that con- 
stitution of government to which we 
had been accustomed to look for the 
protection of every thing dear and val- 
uable. At the head of this desperate 
project we saw a man of talents un- 
questionable, and who once possesse-d 
the confidence of his country. The 
knowledge we had was sufficient to 
induce the apprehension of great dan^ 
gcr ; and our ignorance of particulars 
not only strengthened these appre- 
hensions, but was a new source of real 
danger in itself, Such was our situa- 
tion, and such were our feelings, when 
this systematized scheme of rebellion, 
rapine and murder, was first unfolded 
to us. It was at this time that the 
merchants of this city with a patrio- 
tism which will do them eternal ho- 
nor, came forward and offered the de- 
lay of their vessels in your port, in or- 
der to enable the government to pro- 
cure seamen to man the public ships 
destined to ascend the river. Little 
did they then think that the acceptance 
of this voluntary and patriotic offer, 
would in the course of three short 
months, be denounced as a crime 
which called for the most signal pun^ 
ishment. For such, mr. Chairman, 
is the simple history of what is deno- 
minated in this memorial an embargo, 
and which is said to have been estab- 
lished by an unpardonable usurpation 
of power and violation of our rights ; 
and to which, continued as it did only 
six or seven days, have been ascribed 
effects which if they had any exist- 
ence, would piove that the country 
had been utterly ruinedl The fact is 
that nothing like an embargo has ever 



existed, and I defy any man to proVcr 
that a single vessel has been prevented 
from going to sea by any of the mea- 
sures to which we refer. It is thus 
that this affair termed an embargo has 
been brought forward to swell the long- 
catalogue of exaggerations and false 
hoods with which this memorial a- 
bounds. 

Mr. G. here read that part of the 
memorial relating to the' embargo, St 
concluded by demanding of every 
member of the house whether there 
•was even the shadow of truth in a sin- 
gle statement on that subject. - 

We next come to a most able and 
learned criticism on the military move- 
ments of the commander in chief,— 
which in a most decisive style you 
have heard declared, have been calcu- 
lated not for the defence of the coun- 
try? but for its surrender to the man 
with whom he is represented by the 
advocates of this memorial as a confe- 
derate in treason. Mr. Chairman, I 
cannot but feel for the honor of this 
house when I consider the insidious 
attempt which is now made to induce 
us to pronounce a solemn mock judg- 
ment in the face of the world, on a 
subject of which it is not in the nature 
of things possible that we should be a- 
ble to form a correct opinion. For 
sir, we must not forget that with re- 
gard to these military arrangements, 
the question is not singly whether 
they have been good or bad ; much 
less whether they have been the^ best 
that possibly could have been devised ; 
but whether they prove that this ter- 
ritory was actually abandoned by the 
commander in chief to the inroads of 
the expected invader, and whether 
the measures adopted by him were 
calculated, as we are called upon 
gravely to assert upon our honor and 
our oaths to the government of the 
nation, to deliver over our citizens, 
their fortunes and their lives into the 
hands of a desperate band of traitors, 
and assassins. 



{ 3-3' ) 



As to the expediency of all the 
measures which have been adopted for 
the defence of the Country, I am not 
ashamed, mr. chairman, to confess that 
I am imprepated to pronounce. ^ To 
such a decision this house, I believe, 
is also incompetent. We have not 
the information — nor perhaps is this 
the proper moment that this question 
should be decided before any tribu*- 
nal. But however it may eventually 
be settled, and settled it will be, I am 
still less prepared to issue a legislative 
denunciation against an individual,who 
for aught we know, and indeed accor- 
ding to all human probability, has in 
his general dispositions acted under 
the positive orders of his government* 
Whatever may turn out to be the fact 
such a measure would bear the stamp 
of folly and injustice. For if, in the 
first case, these general measures 
which we are called upon to< condemn 
should have had place under the or- 
ders of the government, we are then 
accusing, as leagued in this atrocious 
conspiracy, not gen. James Wilkinson, 
but it would seem to my humble con- 
ception of things as if the charges 
were directed against the executive of 
the union ? For I again repeat, we 
cannot be so stupid as to lose sight of 
the object, palpable to every member 
of this house, of introducing this cen- 
sure- on the military conduct of the 
commander in chief ; viz. to fix on 
him the damning charge of a co-ope- 
ration with Burr. A charge, howev- 
er, which as it has been brought for- 
ward against all evidence, must re- 
bound on its authors. Again, Sup- 
pose that he has acted in disobedience 
to his orders, and that he has thwarted 
the views and dispositions of his gov- 
ernment ; is it necessary for this le- 
gislature to step forward and dictate to 
the councils of the nation those mea- 
sures which are necessary for the con- 
servation of their honor, and the essen- 
tia! interests, not of this territory only, 



E 



but of the whole union, fd my mmi' 
it argues but little knowledge of the 1 
principles on which the general p-o- 
vernment is administered °to suppose* 
it necessary for the house of repre-* 
sentatives of the territory of Orleans 
to undertake to mete out the punish- 
ment due to the agents of that govern- 
ment for such glaring delinquencies' 
as those which are now pretended.— 
But mr. Chairman, permit me with 
great diffidence to enquire a little fur-* 
ther of the authors of this memorial. 
Are they so perfectly well assured 
that the measures adopted by the com* 
mander in chief for the defence of the 
country, merit all that censure which, 
has been so lavishly heaped on them ? 
And here I cannot but observe that 
we seem to look back on the dangers- 
which we have escaped, as if theyliad 
never had any existence ; and gen* 
tlemen tell you triumphantly, adopt* 
ing as nearly as they can, the words^f 
a man, (J. Randolph) whom at this mo- 
ment seems their favorite orator, that 
what had been called a conspiracy was 
but a- pitiful' and contemptible intrigue, 
unworthy of serious consideration. — 
This language it must be confessed is 
a little more plausible now than it was 
when we have heard it used three 
months ago. But stiil it is merely 
plausible. Of what consequence is 
the event which is ever dependent on 
chance or accident to the question. 

which we are now considering ? In 

one point of view I regard that event 
with a proud satisfaction. It has iU 
lustrated in a manner so convincing to- 
the world and so glorious to my coun- 
try ^the attachment of our citizens to* 
their government and laws, to th-et 
great and sacred principles of their free, 
constitution. But notwithstanding the 
event as we now know it, I must still 
believe that the measures which those 
who were intrusted with the defences, 
of this frontier were called on to adopt, 
were those calculated "to secure us a- 

imcL 



( « 5 



.gainst danger from whatever quarter 
we. nad reason to apprehend it. vVhea 
therefore I am interrogated why our 
troops descended from the Sabine to 
this City ? why they left fort Adams ? 
why, they did not ascend und fortify 
Walnut tree hills ? It is enough for 
me to answer that these questions can 
only be predicated on the idea that we 
had nothing to apprehend but from 
mr, Burr's armament at that time 
Soating in the Ohio. Are gentlemen 
preprared to demonstrate this ? are 
they prepared to show that we had no- 
thing to fear from our neighbors who 
had just withdrawn from a hostile in- 
vasion of our territory, and whose go- 
vernment it has been said on the floor 
of the house of representatives — I re- 
fer to the. same oracle of truth, (John 
Randolph) to which I have before al- 
luded — was the promoter of the con- 
spiracy. Without pretending, mr. 
Chairman, to penetrate into the mys- 
tery in which the question is now in- 
volved, what force was or was not to 
have co-operated with mr. Burr i nd 
his associates ; we had I contend at 
the time when the plan of this conspi- 
racy was developed to us the strongest 
reasons to believe they were to have 
been aided by some foreign power, or 
at least by a maratime armament. — 
Indeed "their agents expressly declar- 
ed this to be part of the plan. If this 
is granted, if it is acknowledged that 
there was the most distant reason to 
apprehend It, then, sir, I must believe 
that the most important point to be at- 
tacked was the most important point to 
be secured. The city of New-Orlenns 
vas that point — and in bringing all the 
troops under his command to this spot, 
there was a number by no means su- 
perfluous to the object of defence. 

But, Mr. Chairman, leaving the fur- 
ther consideration of the question, 
how far the military arrangements for 
the defence of the territory have been 
proper or improper,.! shall proceed to 



what I believe the authors of this me- 
morial deem the most important and 
serious representation which it con- 
tains. And here, sir, I find an insu- 
perable objection, were there no other 
of a more substantial nature, to the 
form of this extraordinary production, 
intended to be the vehicle of our grie- 
vances to the congress of the United 
States. In this part of the memorial 
I find all the arrests which have been 
made in this city, placed on the s.;me 
footing, and denounced as the most 
outrageous, extravagant and wanton 
acts of tyranny and oppression. 

Sir, I am not the humble advocate 
of every measure which has been: 
adopted in this country for the last four 
months. Events have occurred which 
no man in the community can regret 
more sincerely than he who addresses 
you. But I must declare that among 
these events I never can reckon the 
arrests and transportation to the Uni- 
ted States for their trial, of the noto- 
rious agents -of the conspirators, sta- 
tioned in our city in the capacity of 
spies, to give information of our skua* 
tion, and to prepare the means for our 
destruction. Men who were confes- 
sedly co-operating with those whom 
they declared and whom we by other 
evidence kii(r%o to have had for their 
first and in my opinion the most inno- 
cent object of their expedition, the 
seizure and plunder of this city. 

In the arrest of these men what was 
the object ? To prevent them from 
co-operating in their treasonable ma- 
chinations with the enemy. Was or 
was not this rightfully concluded at the 
time to be essential to our safety ?i — . 
and could the same object have been 
answered in any -other way than in that 
which was pursued? Recollect, mr. 
Chairman that the civil authority had 
declared upon formal application for 
the aid of its* process, and I am bound 
to presume with propriety, that the of- 
fence with which these individuals 



( 35 ) 



were charged was bailable, and of 
course it became certain that if they 
were arrested by the civil authority 
they would be immediately set at \U 
berty, and become more dangerous as 
more bold and desperate. It was then, 
and not till then, thai the decision was 
taken, in consideration of the public 
.safety, to arrest and send them out of 
the country. In this act there was as- 
sumed I confess a great responsibility. 
But let me demand whether a- greater, 
a much more tremenduous responsi- 
bility would not have attached to a mi- 
litary commander, who, entrusted by 
his government with the defence of up 
important post, in the constant expec- 
tation of an attack, should suffer to be 
at large in his camp the well known 
spies and agents ol his enemies, and 
that tOG after he should have been con- 
vinced that besides giving information 
which might expose him to destruc- 
tion, they were actually making every 
eftbrt to corrupt his troops, and induce 
them to treachery and revolt. 

But, sir, if measures like these to 
which we now refer can find support 
in those general principles, the justice 
of which is tested by the common 
sense of mankind, how powerful are 
the apologies which they receive from 
a consideration of the peculiar circum- 
stances under which we were placed 
at the time when they were adopted. 
In the expectation of an attack by a 
force superior to that within our city, 
for we never had more, if I am right- 
ly informed, than a thousand effective 
men, including volunteers, with a mi- 
litia, which the gentleman who spoke 
first in support of this memorial, (Dr. 
Watkins) has declared, and in my 
opinion with justice, could never, from 
a vast variety of cincumstaiices, be 
formidable for any other purpose than 
that of maintaining the internal police 
and tranquility of the country ; to 
count on whom for defence against, an 
external Ibc, von were told, wtmid be 



the heighth of rashness and te metity-a* 
under such circumstances v can it be, 
possible that 1 need urge to this house 
the momentous importance of pre* 
venting the communication of infor- 
mation to the conspirators, who with 
a superior force, for I am now consid- 
ering the calculation which was to be 
made under that supposition, and the 
further advantage of a complete know- 
ledge of our situation., must have been 
certain of success. 

But, rnr. Chairman, suppose for & 
moment the contrary of ail this. Say 
tha(; the government here was bound 
to have had the gift of prophecy, to 
have foreseen, contrary tp the evidence 
on which they acted, the event of the 
discomfiture of the conspirators in the. 
upper country— Suppose they had 
revealed to them m miraculous vision, 
the arrival of Mr. Burr at Bayou 
Pierre, his treaty with Mr. Mead, and 
his patriotic address to the second 
grand jury before whom he has been 
so honorably acquitted as an innocent 
persecuted man. Let me ask you if r ^ 
even with the fore knowledge of all 
these events, we had a right t© hold 
ourselves fierfectly safe with his agents. 
in our city ? Are we perfectly assured 
that we should have been so soon 
greeted with the intelligence v/hich we 
have just received of Mr. Burr's flight 
to the wilderness — of his having suffer- 
ed himself to be advertised as a felon, if 
those agents of his had been permitted 
to remain in this country, and to have 
accomplished, even partially, the ob- 
jects of their mission ? Mr. Chairman, 
I cannot dissemble my opinion, that 
it would have been in this very event, 
which has occurred— the event of a 
premature disclosure of the plans cf 
the conspiracy — of a partial defeat — 
in the dreadful moment of desperation, 
that we should have had most to fear 
from these unprincipled apostates from 
their country, to whose crimes, after 
which they Had committed, there 



{ s# 



smlfi have beeii m.q sdAidpn «f turpi- 
tude or gu£it. Whet) we consider, sir, 
moreover, the jjopulation of our city—- 
that a large majority of its physical 
fcrce 13 on the side of our natural ene- 
mies, I tremble widi horror at the idea 
of what m^ght have been the fatal ter? 
.mination of tftat supine ness and timid- 
ity, which should have suffered to have 
remained within our walls those who 
were engaged in a continued act of 
treason against their country, and to 
which we had keen ordained the first 
victims. 

Let it not be said that these fears 
arere imaginary — .This very memorial 
states the arrest of the honorable judge 
Workman to have been occasioned by 
his faithful and honorable discharge of 
his duty, a part of which, and that for 
which he claims most credit, consisted, 
as he has officially declared to this 
house, in urging the governor to call 
out the militia of the territory to fight 
the regular troops ; and this too before 
the hopes of Mr. Burr ? s friends in this 
quarter, if he had any, could have been 
extinguished^ and while our supposed 
danger from an invasion of the con? 
spirators was most imminent. More, 
sir, in this memoiiaj we accuse the gor 
vernor of having abandoned his duty, 
because he did not adopt and act upon 
ithis patriotic counsel so gratuitously 
urged upon him,, to anticipate Mr. 
Burr in rearing the standard of civil 
war in this territory. 

But, sir, we are again urged to adopt 
this memorial as necessary to procure 
an enquiry into the measures of the 
public agents here, and that his must 
be desirable whatever may be 
the event. Were I really disposed to 
prevent such an enquiry altogether, I 
bad almost said I should vote for this 
memorial as the most effectual means 
eft doing it. If we should adopt it, it 
will go far, very fa 1 .- indeed to shew 
fchat measures of violence may be ju:> 
J^iep! here on diCe rent principles from 



those on which they can be supported 
in the other territories of the United 
States. An idea which I shall very 
reluctantly adopt. I wish the mea- 
sures pursued here should be judged 
of fairly and impartially, as they were 
dictated by the extraordinary circum- 
stances in which we were temporarily 
placed, and as the same might have 
been justified or condemned in any 
state or territory of the union placed in 
a similar predicament. And so far 
from raising my feeble voice in oppo- 
sition to an investigation of these mea- 
sures, I trust that the investigation of 
them will be perfect and complete ; 
whatever may be the event, or whoe- 
ver may be censured or applauded.— 
Of this we have the most perfect as- 
surance in the principles on which our 
Rational government is administered— 
principles which I trust in God will 
never be found to bend to save the fa- 
vorite or to crush the foe. 

One observation and I have done.— 
It has been said that we must adopt 
this memorial because the country has 
been calumniated, and this has been 
concluded from an observation con- 
tained in the President's communica- 
tions to Congress, in which he assigns 
as one of the reasons which might have 
induced Gen. Wilkinson to have sent 
the prisoners to the United States, 
(Swartwout and Bollman) that this city 
was not a safe place of confinement, 
and that they could not have had an 
impartial trial here. Sir, if this is ca- 
lumny, I am ready to say that calumny 
and truth are synonimous. Will any 
man who knows the condition of the 
public mind here at this moment, and 
who has observed the intemperance of 
opinion and violence of passion which 
have been excited during the efferves- 
cent period through which we have 
passed, pretend to say that any man 
charged with being concerned in 
Burr's conspiracy could have had a fair 
irhl } I mean an impartial trial Y-fegpfe 



( 37' ) 



should have done justice to the govern- 
ment as to the individual. I believe 
no man of sense and integrity will ha- 
zard an opinion in the affirmative. — 
Wi:h regard to any other calumnies 
against the good people of this coun- 
try, I am ignorant of them. I believe 
on the contrary that the inhabitants of 
no part or our extended empire more 
hignly deserve or possess the,, confi- 
dence of the national government than 
the citizens of the territory of Orleans. 

Mr. G. here, after referring to ano- 
ther part of the memorial, and making 
some other observations on it, conclu- 
ded by observing 'that as the house 
must be perfectly satisfied that it was 
throughout irreconcileable to truth 
and justice, he trusted that his motion 
to reject it would succeed- 

Dr. WATKINS. Mr. Chairman— 
The gentleman last up, (Mr. Gurley,) 
has told you that he rose to repel the 
insinuation that a decided vote against 
the memorial is already secured.-— 
That gentleman may be ignorant of 
the fact : I hope and believe he v is. But, 
sir, I can assure you that a considera- 
ble number, if not a majority of this 
legislature, have already tied their 
hands, and solemnly bound themselves 
down to reject not only the memorial 
-on your table, but any other memorial 
which goes short of approving that 
lawless conduct which in my humble 
opinion strikes at the very root of li- 
berty, and sets at defiance all that is 
valuable in our constitution. Instead 
of coming here as freemen ought, 
with minds unprejudiced and unenga- 
ged, they walk in with labels in their 
mouths, having yes or no written on 
them by the friends of our rulers.-^. 
Yes, sir, before this discussion com- 
menced, before the subject had been 
investigated, or even submitted to this 
committee, several of your members 
had actually pledged themselves to 
vote against it. Look at the addresses 
that are travelling about tewn~-»at the 



very moment when the representative;? 
of the people are agitating a great na- 
tional question ;^-a question which in- < 
volves freedom or slavery, law or arbi- 
tary power — an attempt is making out 
of doors if not to controul their deci* 
sion, at least to render itanialc raocki 
ery. Much might be said upon this 
subject, these addresses might perhaps 
be traced to their proper sources, but .. 
I shall only observe at present, for thfc 
benefit of future times, that Presidents 
and Directors of Banks in commercial 
cities are excellent engines in tiw 
hands of crafty statesmen* to procure 
subscribers in support of their inea* 
sures however inconsistent they may be 
either with political or moral justice. 
Let me ask you, sir, how many men 
are there in New-Orleans who would 
refuse to put their names to such a pa- 
per, if presented to them by my honb- 
friend on my right, or by the president 
of the legislative council ? I will an- 
swer this question for you, sir, by ask- 
ing another— how many persons are 
there in this busy city of ours, who do 
not stand now and then in need of as- 
sistance from the banks — a few dis- 
counts ? here a little and there a little ? 
I will not pretend that this has been the 
case with all, some have signed I ani 
informed upon the principle that ladies 
now and then marry, to get rid of im- 
portunity : others without knowing or 
caring what they did, provided their 
purses were safe. I will not assert 
that such has been the conduct of any 
of the members of this legislature, but 
I maintain that many of them have- 
already prejudged the memorial, ami 
without understanding its contents, 
without regard to their own situation 
as the guardians of the lights of a free 
people, they have pledged themselves, 
not upon this floor, but in the Coffee- 
House, or upon the banking table, to 
reject it. The yeas and nays which 
will be inserted in your journal when 
ccsa^-ared with t.Ee subrxriptio? pape^ 



( 33 ) 



•alluded to, will, I venture to pro- 
nounce, attest the truth of what I say. 
'I he gentleman says, that " from 
what we have heard one would suppose 
that this house had abandoned its le- 
gislative functions; that it had erected 
itself into a judicial tribunal to decide 
Act on the recent events of which this 
memorial professes to treat, but on the 
character and conduct through life of 
tsheindividrals implicated in it". The 
'-able member has been so much 
led to judicial tribunals, that I 
conceive he may take this 
bouse tc &» one, but if he will attend 
-o t juage of the memorial, he 

•will fin a is mistake. We v/eii know 
laat we have no right, nor do we at- 
tempt to arrogate the privilege of ex- 
pressing our sentiments as to what 
kind of judgment ought to be passed 
Xipen those individuals. On the con- 
•trary we have expressly declared our 
object to be< to give to the general go- 
vernment a faithful narrative of facts, 
leaving them to pronounce such a sen- 
tence as their wisdom and the interest 
•of the country raay direct. Neither 
<*he memorial, nor the comments ufion 
.-it on this floor, so far as my recollec- 
tion serves me, goes farther back into 
the history either of Gem /Vilkinson 
*>r Gov. Claiborne, than the com- 
mencement of the conspiracy. As to 
.-myself, previous to the late violations' 
■of the laws of my country, I had all my 
life been upon terms of intimacy and 
friendship with both those gentlemen ; 
and such is my love of truth, and res- 
pect for the honor and dignity not of 
the legislature alone, but for free- 
men in general, that I could most ar- 
dently desire, to see them as little sub- 
servient to party spirit out of doors as 
the friends of this memorial have been 
during the present discussion. The 
gentleman tells us that he has never 
heard any thing about proclaiming 
marti d law, and this he calls one of 
those exaggerated and unfounded 



statements, with which 'he pretends 
your memorial is replete. I can easily 
excuse him for his want of informa- 
tion on this subject. At the time when 
this proposition was made and serious- 
ly contemplated, the honorable gen- 
tleman was gone on an embassy to 
Natchez, for the purpose of doing 
what Gen. Wilkinson ought to have 
done when he passed thro' that city, 
fand when he demanded of Governor 
Meade, 500 of his militia ;) but which 
he neglected to perform. I mean, 
sir, to give information to Meade that 
Burr was to be at Natchez between 
the 15th and 20 th of Dec. with an ar- 
my of two thoasin i men, and that four 
thousand mora were to join him in a 
few days. Aid let me 'nerc rep: *•:, 
mr. Chairman, that this com munica- 
tion was made for this first time to mi*. 
Meade, and by that honorable gentle- 
man, 'if I am correctly informed) oia 
the*! 3th of the same month two clays 
previous to Burr's expected arrival.— 
Brit, sir. what is meant bv martial law ? 
Some of the powers of Europe are in 
the habit of declaring war bv procla- 
mation before hostilities are commen- 
ced— -—others commence hostilities 
without any formal declaration. Is the 
latter less a war than the former ? If a 
military guard parades through your 
streets, enters your houses, drags your 
fellow citizens from their homes, and 
refuses them the common benefit of 
the laws of their country, and they are 
afterwards transported to a distant part 
of the state- — is not this martial law to 
all indents and purposes, at least to 
thdse whom it effects ? If then this be 
martial law the gentleman has cer- 
tainly not only heard but seen some- 
thing of it. Enquire, mr. Chairm,m : 
of Adair, Workman, Kerr, and Alex- 
ander, by what laws they were arrested. 
They were certainly not either civil or 
common, and the exercise of them 
were, in my opinion, calculated to ex- 
cite alarm amoavg the people; uhicft 



( M 3 



u-p-peured to m-e then, and still appears 
to me, in a great pleasure unfounded 
and unnecessary. Vv e are next toid, 
sir, that nothing like an embargo has 
ever existed, and we are defied to 
prove that a Ungie vessel was preven- 
ted from going to sea. Here, again, 
the gentleman's imormation is not al- 
together correct, and without wishing 
to cinmish the lustre of that part of 
the mei chants' conduct which entitles 
them to eternal honor, we boiciy as- 
sert that no vessel whatever was allow- 
ed to go to sea, or to pass fort Plaque- 
mine, without a passport from Gen. 
Wilkinson, and that one in particular, 
(the Thatcher, caflt. Haws,) having 
dropped down to the lust mentioned 
place, was detained and prevented 
from pursuing her voyage until the^ 
captain returned to New-Orleans and' 
furnished himself with this necesaary 
document. But again, sir, what is an 
embargo ? Have the merchants of this 
or any other city a right to adopt such 
a measure ? Have they a light to ordain 
that the commerce of a w hole country, 
in which they can be but partially in- 
terested, shall be shut up in your 
ports ? They may stop their own indi- 
vidual vessels, but they certainly can- 
not, in justice, enter into a combinaticn 
which affects the interests of the whole 
community, and violates the laws of 
their country. The merchants howe- 
ver, or many of them at least, did con- 
sent to the embargo, nor am I at all 
disposed to censure their motives. I 
know too well how to appreciate the 
talents and integrity of that respecta 
ble class of our citizens, to believe 
that they would of their own accord, 
unawed by fear or uninfluenced by su- 
perior power ever consent to, and 
much less engage in a plan forbidden 
by the laws of the country. The 
truth is, that these gentlemen were 
frightened into the measure. They 
retired from the assembly, trembling 
for the security of their property, and 



the safety of their lives. The fiarU'a! 
disclosure of the horrid plot, which 
they had just heard from Gen. Wil- 
kinson and the Governor, plunged 
them into such dreadful apprehen- 
sions for themselves and their country 1 * 
that they seern for a time to have los^ 
sight of the law-, and their duties as ci- 
tizens of a free state. Advantage was 
taken of their fears, the embargo was 
re c c in m enc e d, th e n e ce ssit y of it u r- 
ged, they censented, and it Was laid.—' 
I say it was laid, rnr. Chairman, be- 
cause call it by what name you please, 
its effects were the same. No vessel 
could leave your port without the per- 
mission of the commander in chief, 
and although not made known by any 
public cfficial declaration, it was as! 
much an embargo as if it had been 
sanctioned by the president ofthe Uni- 
ted States, with this difTe?ence onlv, 
that the one would have been lawful' 
whereas the other was both illegal an 
unjust, and highly injurious to the in- 
terests of the country. 

Sir, Your memorial is declared tr 
contain a most able and learned criti- 
cism on the military movements of 
the commander in chief; and much 
sensihiiity for the henor of this house 
has been manifested, because in «U 
human probability he *« has in hkgc- 
neral dispositiens acted under the po- 
sitive order of his government." We 
have expressly declared in the memo- 
rial that "we do not pretend to be 
judges of military operations. " But 
knowing as we do, from the general's 
own declaration that the government 
of our country was totally ignorant of 
the conspiracy which he has been af- 
fecting to eppose ; and that he could 
not therefore be acting either under 
their positive or implud orders ; we 
thought it our duty "on a point so 
essential to our safety as the defence 
of our country," to advert to such 
parts of his conduct as appeared to US'- 
improper, not for the purpose ofpas&r 



C 4ft X 



a mock 5 ' judgment upon &M, 
il\ the view of enabling them to 
correct one. 

are told sir, that it has been said 
floor of congress, that the Span- 
tvernment was the promoter of 
•nspiracy. Great God ! is this 
:redited r And could that be- 
lave any influence upon the 
, which have been adopted fer 
fety here. If so sir, why have 
>anish troops from "Florida been 
i to our assistance ? If at 
ington, Spain has been our ene- 
f there she has conspired a- 
our union and our liberties, by 
nagic in this vulnerable part of 
rritory, could she be transform- 
o our friends ; And sir, how 
)u reconcile in the same breath, 
paration for war against our 
|ours who had just withdrawn 
i hostile invasion of our territo- 
iih an invitation to that same* 
>or to jomus in an attack against 
which they had stimulated and 
array; against us ? 
othefubjedt of arrefts enough 
•en (aid. We pretend not, ei~ 
o accufe or defend, any of the 
is who have been unlawfully 

. foned. To determine their 
or innocence belongs exclufive- 
rhe tribunals of our country, 
rhether innocent or guilty we 
nd that in the firft cafe, they 
the victims of wanton and lavv- 
>ower We do not. afllime to 
Ives the prerogative, which we 
Irenuoufly deny to the corn- 
ier in chief, r of condemning 
acquitting any of thofe he 
have thought proper to accufe. 
do not take upon ourfelves to 
his prifoners ; nor to fay upon 

information, ©r the fimple opini- 
fany man, that he wasjudifiable 
-refting Bollman, but criminal in 



feizing either j udg s Wor&rnaa or rrir. 
Kerr. We aflert, with the boldnef* 
and confidence which ought to cha- 
raclerife the representatives of a free 
and independent people, that ALL 
the arrefts were illegal, and in direcli. 
violation of the bcft principles of our 
governmen^-Sr'ofcourfeitisourboun- 
dcn duty toreprcfent thefe outrages 

to the national lecrifhture. Wl- do not 
yield to my honorable friend, nor to 
an y man in America in the love of 
our country, o-r its laws Neither 
cata he or anv other man on earth ex- 
ecrate with more abhorrence and in- 
dignation than we do, the de'ehSbie 
crime of treafon. It is in this fpirit, 
fir, u that when the civil authority 
had declared upon a formal applica- 
tion for the aid of its procefs, that the 
offence with which the accufed indi- 
viduals were charged was bailable/' 
that we ho'd, that they ought to have 
been bailed, if good and fuffirient 
bail had been offered in their behalf- 
It is in this fpirit, fir, that we accufe 
the commander of the troops for hav- 
ing trampled on the laws and the con- 
ftitution, and the avowed opinion of 
the judges of your courts. As to the 
efforts which tbefe individuals may 
have made to corrupt the troops, and' 
induce thc N m to treachery and revolt, 
I declare, fir, this is the firft intima- 
tion I have had upon this fubjecT, un- 
lefs irdeed Bowman's conversions 
with general Wilkinfon may be con- 
fideredof that nature. Certain I am 
that if proof of fuch guilt had been 
brought againft them, they would 
have been punifhed by the civil au- 
thority here, as that guilt juft'Iy me- 
rited. 

The gentleman has fpoken of that 
part of the memorial in which the 
governor is ccnfured for not fupport- 



( 41 



) 



i'ng the laws of the territory, even by 
force if requifite / for not, as the gen- 
tleman ftates it, anticapating Mr. 
Burr in rearing the ftandard of civil 
war ; but., fir, is this a juft view of 
the fubject ? No, fir, it is in my opini- 
on downright fophiftry, It is not he 
w ho fuppcrts the laws of his country 
by its lawfully organized force, but 
he who dares torefift that force, who 
is guilty of levying civil war He 
who would employ your militia as the 
law direcls, to maintain ycur consti- 
tution, performs his duty as a good 
citizen : — He who fhouldoppofe'that 
militia, fo called forth, would be 
guilty of treafo'o. Suppofe that an 
armed body no matter of what de- 
fcription were to attack our -city for 
the purpose of plundering it, would 
it be raifing the ftandard of civil war 
tocppofethem r And are our liber- 
ties lefs dear to us than our property? 
Shall we fubmit to every ufurper who 
may violate them, for fear that by a 
courageous and honorable aflertion 
of our birthright, blood- died might - 
cnfue ? Is this a fentiment for an A- 
merican to entertain ? For one who 
derives his moft valuable privileges 
from a long and bloody war, waged 
againft thole who dared to deprive 
the good people of America of thofe 
very rights which have fo latelv, in 
this place been trodden under foot ? 
If cur rights are not worth Hiking 
our lives in their defence, I fear that 
We fhall have but a very brief enjoy- 
ment of them. In my opinion, fir, 
it is the duty of every judge to call 
Jor the fupport of militarv aid when 
he cannot otherwife enforce obedi- 
ence to the laws of his ce untry In 
nny opinion judge Workman would 
have defervtdcenfure, if when con- 
! Cn ? nedin his J udic ^ authority, he 
Had not applied to the governor for 
Md. And permit me to inquire whe- 



ther, in advifing his excellency t< 
out the militia in fupport of the 
and conftitution, this judge did 
act as became a firm and patr 
magiftrate ? But, fir, be this I 
may, it is not on that account al 
that we accufe governor Claib 
of having abandoned his duty j 
for putting the batallion of Ork 
volunteers under the command 
general Wilkinfen without any h 
ful orders, as we believe to that 
feet ; for allowing this gallant co 
who had offered to him their fervic 
for the defence of their country, 
become the humble inftruments 
military defpotifm, and toparticipj 
with the commander in chief in I 
guilty outrages againft law andji 
tice ; andftill more for not putth 
himfelf at the head of his militia f 
the conftitutional defence of the coui 
try and its laws. It is for attempt 
mg to fufpend the writ of Habes 
Corpus, and thereby making way fo 
the complete reign of military law 
and above all, fir, for confeming trt 
and approving of military arreiis an 
the tranfportation of your fellow ct 
tizens. 

The gentleman enquires whether 
we had a right to confider ourfelves 



fafe with Burr's aot 



nts in our city ? 



No one will deny, fir, but that our 
country^ was in imminent danger 
from this treafonable plot, as develo- 
ped to us by general Wilk'infon, 
And notwhhflanding there may be 
fome truth in the gentleman's obferr 
vation «« ihat a large majority of cur 
phyfical force is on the fide of our na- 
tural enemies," yet I venture to af- 
firm, that to a. man they would have 
oppofed the invader, and a!! his phin- 
deiing fchemes at the rifle cf their 
lives and fortunes. We have alrea- 
dy feen that from peculiar circum 
fiances our militia cannot be counted 



( 42 ) 



I 



A 



t diftant campaigns, but for 

defence, for the prote&ion of 

milies and property, they 

ot in my opinion if properly 

Jed yield to any people on 

But, fir, great as our danger 

ve been, we do not believe 

neans of overcoming it were 

nd in the miferable fortifica- 

St. Charles and St. L ouis, in 

violation of your laws, nor 

ingyour fellow-citizens of 

ting in treafon The law 

jave been maintained, the 

individuals held facred, the 

>ne punifhed, and the whole 

your country called upon in 

utional way, to refift the 

enemy. Thus, fir, your 



battles would have been fought with 
fuGpefs, and thus you would have fa- 
ved your country, preferved the con- 
ftitution, your honor, and the liberty 
of the people. 

The queftion was taken on Mr. 
Gurley's motion, for the rejection of 
the memorial, and pafled in the affir- 
mative : — 

Yeas — Meflrs. Andry, Bernard, 
Boie, Collins, Conway, Cooty, Do- 
naldfon, Fulton, Gurley, A.'Hebert, 
J. Htbert, Monchouflee, Morgan, & 
Thibedeaux.- — 14. 

Nays— Meflrs. Arnauld, Hughes, 
La Croix, Hazurede Lormc, Parrot, 
Sorrel, and Watkins. — 7. 

The memorial was rejected. 




IN THE PRESS, 

AND WILL BE PUBLISHED IN A FEW DAY Si 

THE TRIALS OF 

Col. Lewis Kerr, 

AND THE 

Honb. James Workman, 



iNj Charge of high misdemeanor, in punning and 
Wing on foot an expedition for the con- 
quest AND EMANCIPATION OF MEXICO. 



I ft 3 



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